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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

A person litigates in an individual capacity in the first action. In a second case the same name appears in a genuinely distinct representative capacity involving a different legal right. Counsel says literal identity of names alone establishes identity in the same capacity under §47(b). Which is correct?

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Representative rights never exist. Matching names make every legal capacity identical. The court must examine the rights, capacities and any legally sufficient identity or privity; names alone do not establish the required identity. A party can defeat preclusion merely by pretending to change labels even if the capacity is actually identical.

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