In the case in the text,Durham v.McDonald's Restaurants of Oklahoma,Inc. ,the court looked to the concept of ________ to determine whether the plaintiff was bound by a prior court's decision that stated the defendant's conduct was "not severe."

Question

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Issue preclusion prevents relitigation of facts and issues actually litigated and necessarily determined in an earlier proceeding between the same parties or their privies.Under the doctrine,once a court has decided an issue of fact or of law necessary to its judgment,the same parties or their privies may not relitigate that issue in a suit brought upon a different claim.To establish issue preclusion,a party must prove: (1)that the party against whom it is being asserted was either a party to or a privy of a party to the prior action; (2)that the issue subject to preclusion has actually been adjudicated in the prior case; (3)that the adjudicated issue was necessary and essential to the outcome of that prior case;and (4)the party against whom it is interposed had a full and fair opportunity to litigate the claim or critical issue.

In the Case in the Text,Durham V