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LSDefine
Simple English definitions for legal terms
defensive collateral estoppel
Read a random definition: distractio bonorum
A quick definition of defensive collateral estoppel:
Defensive collateral estoppel is when a person is not allowed to argue about something that has already been decided in a previous case, even if the new case is different. This is used by a defendant to stop the plaintiff from arguing about something that has already been decided against them. Offensive collateral estoppel is when the plaintiff uses this rule instead.
A more thorough explanation:
Defensive collateral estoppel is a legal term that means a defendant can use a previous court decision to prevent a plaintiff from re-litigating an issue that has already been decided against them. This is also known as issue preclusion.
For example, if a person sues a company for a car accident and loses, they cannot sue the same company again for the same accident. The company can use defensive collateral estoppel to prevent the plaintiff from re-litigating the issue of who was at fault for the accident.
Defensive collateral estoppel is different from offensive collateral estoppel, which is when a plaintiff uses a previous court decision to their advantage in a new case.
Overall, defensive collateral estoppel is a way for defendants to protect themselves from being sued multiple times for the same issue.