collateral estoppel

collateral estoppel (e-stop-[schwa]l).

1. The binding effect of a judgment as to matters actually litigated and determined in one action on later controversies between the parties involving a different claim from that on which the original judgment was based.

2. A doctrine barring a party from relitigating an issue determined against that party in an earlier action, even if the second action differs significantly from the first one.

— Also termed issue preclusion; issue estoppel; direct estoppel; estoppel by judgment; estoppel by record; estoppel by verdict; cause-of-action estoppel; technical estoppel; estoppel per rem judicatam. Cf. RES JUDICATA. [Cases: Judgment 634, 713, 948(1). C.J.S. Judgments §§ 697–703, 707, 779–782, 803–806, 834, 930–931, 933.]

administrative collateral estoppel. Estoppel that arises from a decision made by an agency acting in a judicial capacity. [Cases: Administrative Law and Procedure 501. C.J.S. Public Administrative Law and Procedure §§ 155–156.]

defensive collateral estoppel. Estoppel asserted by a defendant to prevent a plaintiff from relitigating an issue previously decided against the plaintiff. [Cases: Judgment 632. C.J.S. Judgments §§ 828, 831, 834–836, 841.]

nonmutual collateral estoppel. Estoppel asserted either offensively or defensively by a nonparty to an earlier action to prevent a party to that earlier action from relitigating an issue determined against it.

offensive collateral estoppel. Estoppel asserted by a plaintiff to prevent a defendant from relitigating an issue previously decided against the defendant. [Cases: Judgment 632. C.J.S. Judgments §§ 828, 831, 834–836, 841.]


专业法律词汇 词条贡献者
法律翻译Walker,在一家美国白鞋所担任专职法律翻译,专注翻译各类与特拉华州业务有关的法律文件。
Scroll to Top