Which of the following is NOT a typical requirement for claim preclusion?

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Multiple Choice

Which of the following is NOT a typical requirement for claim preclusion?

Claim preclusion, or res judicata, bars a later suit when there has been a final adjudication on the merits between the same parties on the same claim. The typical requirements are a final judgment on the merits, identity of parties (or their privies), and the same claim or cause of action. A pretrial settlement is not a standard element of claim preclusion because simply settling a case before a judgment does not by itself create a final adjudication on the merits. Only settlements that end the case with prejudice (or otherwise produce a judgment or dismissal with prejudice) can trigger preclusion. So a pretrial settlement by itself is not a typical requirement for claim preclusion.

Claim preclusion, or res judicata, bars a later suit when there has been a final adjudication on the merits between the same parties on the same claim. The typical requirements are a final judgment on the merits, identity of parties (or their privies), and the same claim or cause of action. A pretrial settlement is not a standard element of claim preclusion because simply settling a case before a judgment does not by itself create a final adjudication on the merits. Only settlements that end the case with prejudice (or otherwise produce a judgment or dismissal with prejudice) can trigger preclusion. So a pretrial settlement by itself is not a typical requirement for claim preclusion.

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