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Simple English definitions for legal terms

doctrine of preclusion of inconsistent positions

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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.

doctrine of precedent | doctrine of scrivener's error

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medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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