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Simple English definitions for legal terms

estoppel per rem judicatam

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A quick definition of estoppel per rem judicatam:

Estoppel per rem judicatam, also known as collateral estoppel, is a legal principle that says if a court has already decided an issue between two parties, they cannot bring up that same issue again in a different case. This applies even if the second case is about a different matter. It prevents parties from re-litigating the same issue over and over again. There are different types of collateral estoppel, including defensive and offensive, and it can be used by both parties and non-parties to a case.

A more thorough explanation:

Estoppel per rem judicatam is a legal term that refers to the binding effect of a judgment on later controversies between the parties involving a different claim from that on which the original judgment was based. It is also known as collateral estoppel, issue preclusion, or estoppel by judgment.

For example, if a court has already decided that a defendant is liable for damages in a car accident case, the defendant cannot later argue in a different case that they were not at fault for the accident. This is because the issue of fault has already been litigated and determined in the first case, and the defendant is estopped from relitigating the same issue in a different case.

There are different types of collateral estoppel, including:

  • Defensive collateral estoppel: estoppel asserted by a defendant to prevent a plaintiff from relitigating an issue previously decided against the plaintiff.
  • Offensive collateral estoppel: estoppel asserted by a plaintiff to prevent a defendant from relitigating an issue previously decided against the defendant.
  • Nonmutual collateral estoppel: estoppel asserted either offensively or defensively by a nonparty to an earlier action to prevent a party to that earlier action from relitigating an issue determined against it.

Overall, estoppel per rem judicatam is an important legal principle that helps to promote finality and consistency in the judicial system.

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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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