North Dakota Res Judicata
Res judicata, or claim preclusion, prohibits relitigation of claims or issues that were raised or could have been raised in a prior action between the same parties or their privies, and which were resolved by final judgment in a court of competent jurisdiction. Ohio Cas. Ins. Co. v. Clark, 1998 ND 153, P23, 583 N.W.2d 377.
Collateral estoppel, or issue preclusion, generally prohibits relitigation in a second action based on a different claim, of issues of fact or law which were, or must have been, determined in the prior suit. Id.
The doctrines promote the finality of judgments and efficiency. Id. Res judicata applies even if a subsequent claim is based on a different legal theory. Id.