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Collateral estoppel (CE), known in modern terminology as issue preclusion, is a common law estoppel doctrine that prevents a person from relitigating an issue. One summary is that, "once a court has decided an issue of fact or law necessary to its judgment, that decision ... preclude[s] relitigation of the issue in a suit on a different cause of action involving a party to the first case". [1]
Direct estoppel and collateral estoppel are part of the larger doctrine of issue preclusion. [2] Issue preclusion means that a party cannot litigate the same issue in a subsequent action. [3] Issue preclusion means that a party in a previous proceeding cannot litigate an identical issue that was adjudicated and had the judgment as an integral ...
Angelo Gambiglioni, De re iudicata, 1579 Res judicata or res iudicata, also known as claim preclusion, is the Latin term for judged matter, [1] and refers to either of two concepts in common law civil procedure: a case in which there has been a final judgment and that is no longer subject to appeal; and the legal doctrine meant to bar (or preclude) relitigation of a claim between the same parties.
Headquartered in Washington, DC, with six regions comprising more than 60 field and home offices, the agency provides mediation and conflict resolution services to industry, government agencies and communities. The headquarters of the Federal Reserve System. The Federal Reserve System (often called "the Fed"), is the central bank of the United ...
A broader definition of the term "government agency" also means the United States federal executive departments that include the President's cabinet-level departments and their sub-units. Examples of these include the Department of Energy (DOE) and the Internal Revenue Service (IRS), which is a bureau of the Department of the Treasury .
Among the examples were a 2002 holding of Judge Charles B. Kornmann enjoining the Department of Agriculture from enforcing a rule promulgated under the Beef Promotion and Research Act [23] and a 2004 holding of Judge Reggie Walton enjoining the federal government from enforcing a policy it established under the Endangered Species Act. [24]
Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), was a landmark decision of the United States Supreme Court that set forth the legal test used when U.S. federal courts must defer to a government agency's interpretation of a law or statute. [1] The decision articulated a doctrine known as "Chevron deference". [2]
(a) Agencies shall construe, in regulations and otherwise, a Federal statute to preempt State law only where the statute contains an express preemption provision or there is some other clear evidence that the Congress intended preemption of State law, or where the exercise of State authority conflicts with the exercise of Federal authority ...