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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]
Estoppel is a judicial device whereby a court may prevent or "estop" a person from making assertions or from going back on their word. The person barred from doing so is said to be "estopped". [1] [2] Estoppel may prevent someone from bringing a particular claim.
Case history; Prior: Sunnen v. Commissioner, 161 F.2d 171 (8th Cir. 1947): Holding; The general rule of res judicata applies to tax proceedings involving the same claim and the same tax year, while the doctrine of collateral estoppel, which is a narrower version of the res judicata rule, applies to tax proceedings involving similar or unlike claims and different tax years.
If you believe the law supports the retracted statement, cite a case in the article. --Hlsgrad 20:34, 20 June 2007 (UTC) Entirely US-centric. Perhaps the term "collateral estoppel" is a specific US term, but the principle of preclusion is found in other legal systems.
Lower courts have declined to expand Martinez to Brady claims, [12] appeals from "initial-review collateral proceedings", [13] successive petitions, [14] claims that could have been raised on direct appeal under state law [15] and claims that have been time-barred by AEDPA's statute of limitations. [2] The Fifth Circuit in Gallow v. Cooper ...
An Estoppel Certificate (or Estoppel Letter) is a document commonly used in due diligence in real estate and mortgage activities. It is based on estoppel, the legal principle that prevents or estops someone from claiming a change in the agreement later on. [1] It is used in a variety of countries for commercial and residential transactions.