Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

issue preclusion

Read a random definition: wrongful-birth action

A quick definition of issue preclusion:

Issue preclusion, also known as collateral estoppel, is a legal rule that says if a court has already decided an issue in a case, the same issue cannot be re-litigated in a different case. This rule applies only if the issue was essential to the first case, actually litigated, and the judgment was final and valid. Issue preclusion helps to ensure that the law is consistent and reliable over time. It is different from claim preclusion, which bars the re-litigation of an entire claim, while issue preclusion only bars the re-litigation of specific issues.

A more thorough explanation:

Definition: Issue preclusion, also known as collateral estoppel, is a legal principle that states a valid and final judgment binds the plaintiff, defendant, and their privies in subsequent actions on different causes of action between them (or their privies) as to same issues actually litigated and essential to the judgment in the first action.

The four essential elements to decide if issue preclusion applies are:

  1. The former judgment must be valid and final
  2. The same issue is being brought
  3. The issue is essential to the judgment
  4. The issue was actually litigated

Issue preclusion is an important legal doctrine that aims to preserve the longer-term stability and reliance on the law. It is similar to the doctrine of res judicata, which is also called claim preclusion. However, issue preclusion bars only relitigating of the issues that are actually litigated, while claim preclusion bars the relitigating of all issues of a claim.

For example, if a plaintiff brought claim A in case 1 and claim B in case 2, res judicata would not prohibit the litigation of claim B. But if claim B contains the same issue that has been actually litigated in case 1, issue preclusion can prohibit this issue from being relitigated.

An example of issue preclusion in action is the case of Little v. Blue Goose Motor Coach Co., 346 Ill. 266. In this case, the plaintiff sued the defendant for damages of medical expenses. The court ruled that the relitigating of the issue of negligence, which was actually litigated in a former case brought by Blue Goose against Little for damages in a car accident, was precluded by issue preclusion.

Issue preclusion can also bind alternative judgments. Different jurisdictions have different opinions regarding alternative judgments. In most U.S. jurisdictions, alternative judgments are preclusive as long as the issues are resolved in the former case. In some jurisdictions, neither judgment is preclusive. And in some other jurisdictions, both judgments can be preclusive, depending on if the former court has carefully considered the issues.

Issue preclusion usually has a doctrine of mutuality, meaning it only binds the parties of the former litigation. However, there are exceptions. In Taylor v. Sturgell, 553 U.S. 880 (2008), Justice Ginsburg listed the 6 categories of exceptions of the doctrine of mutuality. This expands the reach of issue preclusion even more.

issue | issuer

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
LSD+ is ad-free, with DMs, discounts, case briefs & more.