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Collateral estoppel

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Overview Edit

Collateral estoppel (also known as issue preclusion) is a common law estoppel doctrine that prevents a person from relitigating an issue.

Collateral estoppel encompasses three elements: (1) the issue at stake must be identical to the one involved in the prior action; (2) the issue must have been actually litigated in the prior action; and (3) the determination of the issue in the prior action must have been a necessary part of the judgment in that earlier action.[1]

The rationale behind issue preclusion is the prevention of legal harassment and the prevention of abuse of legal resources.

References Edit

  1. Next Level Communications LP v. DSC Communications Corp., 179 F.3d 244, 250 (5th Cir. 1999) (full-text).

See also Edit


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