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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.
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 ...
"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.
nationwide law Tagalog Abbreviation for Batas Pambansa, the name for laws passed by the defunct unicameral Batasang Pambansa. C.A. N/A: English Abbreviation for either Commonwealth Act and Court of Appeals, depending on context. destierro: exile Spanish See Revised Penal Code § Penalties. eCourt N/A: English
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).
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.
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 ...