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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.
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 ...
The district and appellate courts held that Taylor was precluded from litigating the issue because he had been "virtually represented" in the prior case. [3] Because Taylor and Herrick were seeking the same documents and were in fact trying to restore the same airplane, reasoned the lower courts, they were attempting to relitigate the issue.
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 ...
Reinisch, August. (2004). "The Use and Limits of Res Judicata and Lis Pendens as Procedural Tools to Avoid Conflicting Dispute Settlement Outcomes", 3 The Law and Practice of International Courts and Tribunals pp. 37–77. Schutze, Rolf A. (2002) "Lis Pendens and Related Actions". 4(1) European Journal of Law Reform p. 57. Seatzu. F. (1999).
Functus officio is thus bound up with the doctrine of res judicata, which prevents (in the absence of statutory authority) the re-opening of a matter before the same court, tribunal or other statutory actor that rendered the final decision. There are many exceptions; for instance, where a statute authorizes variations of the original decision ...
res: thing, matter, issue, affair res communis: common to all Property constructs like airspace and water rights are said to be res communis – that is, a thing common to all, and that could not be the subject of ownership. With airspace, the difficulty has been to identify where the fee simple holder's rights to the heavens end.