RoaldDahl
16:15
Warning
Info
Warning
Info
LSDefine
Simple English definitions for legal terms
doctrine of preclusion of inconsistent positions
Read a random definition: throw out
A quick definition of doctrine of preclusion of inconsistent positions:
The doctrine of preclusion of inconsistent positions means that a person cannot take two different positions in court that contradict each other. This is also known as judicial estoppel. The doctrine of relation back allows a court to treat an action as if it was filed at an earlier time. The doctrine of res judicata means that a final judgment on a case cannot be challenged again in court. The doctrine of revestment allows a court to regain jurisdiction over a case if the opposing parties have participated in actions that go against the court's judgment.
A more thorough explanation:
The doctrine of preclusion of inconsistent positions is a legal principle that prevents a party from taking a position in a legal proceeding that is inconsistent with a position they have taken in a previous proceeding. This principle is also known as judicial estoppel.
For example, if a person files for bankruptcy and fails to disclose all of their assets, they cannot later sue someone for damages related to those undisclosed assets. This is because they took a position in the bankruptcy proceeding that they did not have those assets, and they cannot now take a position that they do have them.
Another example is if a person testifies in court that they were not present at the scene of a crime, they cannot later take a position that they were present at the scene of the crime. This is because they took a position in court that they were not present, and they cannot now take a position that they were.
The doctrine of preclusion of inconsistent positions is important because it promotes consistency and fairness in the legal system. It prevents parties from taking advantage of the system by changing their position to suit their needs.