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Civil Procedure

Collateral Estoppel

Collateral Estoppel

Learn about the doctrine of collateral estoppel, also known as issue preclusion, which prevents a party in a later case from re-litigating an issue that was already decided in a prior case.

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.

I. Elements of Collateral Estoppel

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...