GENERAL LEGAL PRINCIPLES; COLLATERAL ESTOPPEL; RES JUDICATA – In General
Single Topic for Decision 0871S
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1405.01000 – In General
Doctrine of res judicata involves two general concepts: "claim preclusion" is the primary aspect of res judicata and collateral estoppel is the second aspect and refers to "issue preclusion." Under issue preclusion a prior judgment operates an estoppel or conclusive adjudication as to the issues in the second action which were actually litigated and determined in the first action; pp. 5-6, fn. 3. Res judicata applies in administrative hearings to decisions of an administrative agency made pursuant to its quasi-judicial functions; p. 6. Res judicata is an affirmative defense and may be waived if not properly raised; p. 6.