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Simple English definitions for legal terms

issue preclusion

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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

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22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
i've been away for a while what were the most recent waves? any this week?
lilypadfrog
8:12
hi shawties
lilypadfrog
8:16
who’s getting into a law school today raise your hand
jackfrost11770
8:28
I sure hope so at this point
lilypadfrog
8:28
woooo
lilypadfrog
8:28
jackfrost for law school
jackfrost11770
8:29
LILYPADFROG FOR LAW SCHOOL
jackfrost11770
8:29
I really just love how now there's an executive order that says I don't exist as a person
jackfrost11770
8:29
Do I not have to pay taxes now? Loans? What now
lilypadfrog
8:34
you should probably assume this means your law school will be free
GreyCeaselessMammoth
8:34
i love that there's an executive order that we're all female now
jackfrost11770
8:38
I think so yeah. I think I don't have to pay for anything anymore
Trismegistus
8:40
can someone release today my god
lilypadfrog
8:41
i’m boutta release
sounding like that one guy in here who kept saying he was cumming
Dkk
8:43
Was that me cus I just released.
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