actually litigated

actually litigated. (Of a claim that might be barred by collateral estoppel) properly raised in an earlier lawsuit, submitted to the court for a determination, and determined. • A party is barred by the doctrine of collateral es-toppel from relitigating an issue that was actually litigated — usu. including by summary judgment but not nec-essarily by default judgment — in an earlier suit involving the same parties, even if that suit involved different claims. Restatement (Second) of Judgments § 27 cmt. d (1980). [Cases: Judgment 720. C.J.S. Judgments §§ 757, 803, 813.]

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词条贡献者

资深译员Lynn，知名国际商学院金融专业，专注翻译各种与贷款人责任及其他银行业与金融机构诉讼有关的法律文件。