COLLATERAL ESTOPPEL Meaning and
Definition
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Collateral estoppel, also known as issue preclusion, is a legal doctrine that prevents the relitigation of certain issues in subsequent lawsuits. It arises when a court has previously decided an issue of fact or law in a case between the same parties or their privies, and that decision is then binding on them in future litigation involving a different claim.
In other words, if a particular issue of fact or law has been conclusively determined in a previous case, the parties or their privies are precluded from re-litigating that same issue in a subsequent case. This serves to promote judicial efficiency by avoiding repetitive litigation and ensuring consistency in legal outcomes.
To apply collateral estoppel, certain requirements must be met. First, the issue to be precluded must have been actually litigated and decided in the prior case. Second, the decision on that issue must have been necessary for the judgment rendered in the prior case. Third, the party against whom collateral estoppel is asserted must have had a full and fair opportunity to litigate the issue in the prior case.
By invoking collateral estoppel, a party can seek to prevent the other party from re-litigating an issue that has already been resolved in their favor. This doctrine encourages parties to present their strongest arguments and evidence in the initial litigation, as the outcome of certain issues may have preclusive effects on future cases.
Common Misspellings for COLLATERAL ESTOPPEL
- xollateral estoppel
- vollateral estoppel
- follateral estoppel
- dollateral estoppel
- cillateral estoppel
- ckllateral estoppel
- clllateral estoppel
- cpllateral estoppel
- c0llateral estoppel
- c9llateral estoppel
- coklateral estoppel
- coplateral estoppel
- coolateral estoppel
- colkateral estoppel
- colpateral estoppel
- coloateral estoppel
- collzteral estoppel
- collsteral estoppel
- collwteral estoppel
- collqteral estoppel
Etymology of COLLATERAL ESTOPPEL
The word "collateral" comes from the Latin word "collaterālis", which means "side by side" or "parallel". It is derived from the combination of the Latin words "com" (together) and "latus" (side). In legal contexts, "collateral" refers to something that is indirectly related or secondary to another matter.
The term "estoppel" has its roots in old French and Middle English. It comes from the French word "estoupail" or "estoupal", which means a stopper or plug. In legal terms, estoppel refers to a legal principle that prevents a person from arguing a particular point or claim because they have previously taken a contrary position or have already had that issue decided in a court.
