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Simple English definitions for legal terms

collateral estoppel

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A quick definition of collateral estoppel:

Collateral estoppel is a rule that says if a court has already decided an important issue in a case, that decision can't be changed in another case. This rule applies to both criminal and civil cases. In criminal cases, it protects people from being tried for the same thing twice. In civil cases, it means that if a court has already decided an issue, it can't be argued again in a new case. There are two types of collateral estoppel: defensive and offensive. Defensive collateral estoppel means that someone who was not part of the original case can still use the rule to protect themselves. Offensive collateral estoppel means that the person who started the new case can use the rule against someone who was in the original case. There are some exceptions to these rules, but they are decided by the court on a case-by-case basis.

A more thorough explanation:

Collateral estoppel is a legal doctrine that prevents a party from re-litigating an issue that has already been decided in a previous case. It is used in both criminal and civil cases.

In criminal law, collateral estoppel protects defendants from being tried for the same issue in more than one criminal trial. This is because of the double jeopardy clause of the Fifth Amendment. If an issue has already been decided in a previous trial, the defendant cannot be tried for that same issue again.

In civil procedure, collateral estoppel is used to prevent a party from re-litigating an issue that has already been decided in a previous case. This is known as issue preclusion. If an issue has already been decided in a previous case, the party cannot bring it up again in a new case.

Defensive issue preclusion occurs when the party being sued raises collateral estoppel. For example, if a court determines that Frank cannot recover in a lawsuit against Sally because Frank was negligent, then Susan can raise collateral estoppel as to Frank’s negligence if she too is sued by Frank.

Offensive issue preclusion occurs when the party who initiates the lawsuit/claim raises collateral estoppel against the defendant in a previous case. For example, if a court determines that Frank can recover against Sally because Sally was negligent, Susan generally cannot raise collateral estoppel as to Frank’s negligence in a second case against Frank.

Courts have broad discretion as to whether they will allow non-mutual offensive issue preclusion, with a few common justifications outlined in Parklane Hosiery Co. v. Shore. These justifications include misaligned incentives in the first case, different procedural factors in the first case than in the second case, and whether the plaintiff in the second case could have easily joined the first case.

Overall, collateral estoppel is an important legal doctrine that helps prevent parties from re-litigating issues that have already been decided. This helps to promote efficiency in the legal system and ensures that justice is served fairly.

collateral descendant | collateral order doctrine

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HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
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same
RoaldDahl
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@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
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So if it means nothing does that mean something?
HopefullyInLawSchool
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Possibly
RoaldDahl
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Cool
RoaldDahl
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thank you!!!! i hope it means something
pinkandblue
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fart
IrishDinosaur
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Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
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Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
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This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
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If the odds are like 1-2% I don't think it matters much by the numbers
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I got the same NDLS email
OrangeThing
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I think the user profiles are broken
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Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
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when did u guys apply that just heard from umich? they havent even glanced at my app yet
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how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
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