Logourl black
Collateral Estoppel

Collateral Estoppel

Transcript

Welcome to Collateral Estoppel! Collateral estoppel generally prohibits a party in a later case from re-litigating a specific legal or factual issue that was litigated and decided in a prior case. Contrast with res judicata, which bars claims that were, or could have been, brought in a prior case.

The first element of collateral estoppel is identity of issues. That is, the issue on which preclusion is sought in the subsequent case must be exactly the same as an issue that arose in the prior...

To read the full transcript, please start your free trial, or log in.