Simple English definitions for legal terms
Read a random definition: UPREIT
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.
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.