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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]
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.
The doctrine of direct estoppel prevents a party to litigation from relitigating an issue that was decided against that party. [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]
"Estop" is a verb of Anglo-Norman origin meaning "to seal up", while the noun "estoppel" is based on Old French estoupail ().When a court finds that a party has done something warranting a form of estoppel, that party is said to be estopped from making certain related arguments or claiming certain related rights.
Under federal law, "concepts summarized by the term privity are looked to as a means of determining whether the interests of the party against whom claim preclusion is asserted were represented in prior litigation." [2] Therefore, privity in federal common law is "a convenient means of expressing conclusions that are supported by independent ...
The rule against perpetuities serves a number of purposes. First, English courts have long recognized that allowing owners to attach long-lasting contingencies to their property harms the ability of future generations to freely buy and sell the property, since few people would be willing to buy property that had unresolved issues regarding its ownership hanging over it.
The "first possession" theory of property holds that ownership of something is justified simply by someone seizing it before someone else does. [1] This contrasts with the labor theory of property where something may become property only by applying productive labor to it, i.e. by making something out of the materials of nature.
Property law is the area of law that governs the various forms of ownership in real property (land) and personal property.Property refers to legally protected claims to resources, such as land and personal property, including intellectual property. [1]