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Source Issue Preclusion Issue Preclusion Matched to this deck.

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0 tracked cards Civil Procedure

A first judgment for the defendant rested on two independent grounds, either one of which would have supported the result. A later party seeks issue preclusion on one of those grounds.
Which issue preclusion requirement is most directly implicated?

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If a prior judgment rested on two independent alternative grounds, courts may disagree whether either ground was essential for issue preclusion. A party may use alternative grounds only if both were decided by a jury. Alternative grounds matter only in criminal sentencing. No issue can ever be precluded if a court writes more than one reason.

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