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Finality of Judgment Issue Preclusion Claim Preclusion and Law of the Case by Diane Vaksdal Smith Colorado law establishes three interrelated doctrines regarding the case. 51 the trial-court level in an appropriate motion.52 The burden of establishing the elements of issue preclusion rests with the party asserting preclusion.53 Elements of Claim Preclusion The elements of claim preclusion are 1 finality of the first judgment 2 identity of subject.

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