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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 Eighth Circuit upheld the injunction, reasoning that the Anti-Injunction Act did not apply because the injunction at issue was necessary to "effectuate and preserve" the "fruits of the decree" in the initial federal case. [19] The issue before the Supreme Court was the propriety of this application of the common-law Relitigation Exception.
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 ...
res judicata: a matter judged A matter that has been finally adjudicated, meaning no further appeals or legal actions by the involved parties is now possible. / ˈ r iː z dʒ uː d ɪ ˈ k eɪ t ə, ˈ r eɪ z, dʒ uː d ɪ ˈ k ɑː t ə / res nova: a new thing
The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used with respect to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) who requests a legal remedy or equitable remedy from a court.
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 ...
Res judicata provides that once a case has been determined, it produces a judgment either inter partes or in rem depending on the subject matter of the dispute: although there can be an appeal on the merits, neither party can recommence proceedings on the same set of facts in another court. If that rule were not in place, litigation might never ...