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Simple English definitions for legal terms

offensive collateral estoppel

Read a random definition: esquire

A quick definition of offensive collateral estoppel:

Offensive collateral estoppel is when a person sues someone else and uses a previous court decision against that person. This means that the person being sued cannot argue the same thing again, even if the new case is different from the old one. It's like saying "you already lost this argument before, so you can't use it again." This is different from defensive collateral estoppel, which is when the person being sued uses a previous court decision in their own defense.

A more thorough explanation:

Offensive collateral estoppel is a legal term that means a party cannot re-litigate an issue that has already been decided against them in a previous case. This applies even if the second case is different from the first one. It is called "offensive" because it is used by the plaintiff to prevent the defendant from re-litigating an issue.

Let's say that in a previous case, a court decided that a company was liable for a defective product that caused harm to a customer. In a new case, the same company is being sued by a different customer for the same issue. The new customer can use offensive collateral estoppel to prevent the company from re-litigating the issue of liability, since it has already been decided against them in the previous case.

This means that the company cannot argue that they are not liable for the defective product, even if they have new evidence or arguments. They are bound by the previous court's decision.

offense | Offer

General

General chat about the legal profession.

General >T14 Off Topic

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BulbasaurNoLikeCardio

15:16

My wife and I have great and open communication but one night she kept asking me why this girl is blowing up my phone with messages/pictures so I showed her... she got a new puppy and got drunk so had her puppy doing a fashion shoot at 11pm.

babycat

15:16

Awwww

BulbasaurNoLikeCardio

15:17

I need more hot friends to hang with, the town we are in sucks butt for it and everyone seems shifty/flaky.

glovediedthisishismom

15:17

whoever was asking for an AU wave earlier fished their wish

babycat

15:18

I keep my dating very clean and above board. No overlaps, no ambiguities. If you want to go into some sort of public office in the future it's good to be smart about things like that

babycat

15:18

So many politicians have sex scandals and that's how they get blackmailed and other people have power over them. I mean of course there are ethical and emotional issues too but it's literally just smart to not be a cheater

BulbasaurNoLikeCardio

15:19

I would never go into public office as it drags in your family as well. Dating is so much easier then some people make it out to be and it is not that hard to not cheat. I would always tell my soldiers to rub one out before making a big decision so they arent acting dumb

BulbasaurNoLikeCardio

15:20

Like if more cheaters just paused and rubbed one out they would be like you know maybe ill just watch some TV

babycat

15:20

I've seen some people do a really good job keeping their family out of it. But it really is an "anything they can use against you, they will" type of vibe

babycat

15:21

Ugh I need to go work on essays bye folks

BulbasaurNoLikeCardio

15:22

I don't do anything I can be blackmailed with, I like money too much to be sketch. Have fun doing your essays and a good weekend

info-man

15:23

don't have the motivation to work on essays

BulbasaurNoLikeCardio

15:25

I got to work on essays for finals but I'm like that is a next week me problem. I am glad to be done with LS ones. I felt weird talking about myself

babycat

15:28

Bulbasaur if you weren't constrained by location I would say you should apply to Northwestern. They love applicants like you

BulbasaurNoLikeCardio

15:30

@babycat: what makes you say that?

RightPlant

15:31

sorry i already asked this and forgot to check but how much does a masters degree help for admissions? i rly want to go to northwestern or uchicago but im worried about my stats

glovediedthisishismom

15:32

some of you be so focused on the cheese you forgot about the trap

BulbasaurNoLikeCardio

15:32

I have not talked to northwestern or uchicago but the schools I did talked to said graduates are nice but they cant be hard stats to compare to others as not everyone has one

babycat

15:34

@BulbasaurNoLikeCardio: they really like non traditional applicants and older students

babycat

15:35

there are plenty of non trads who get admitted to nw with below median stats bc of their stories

snow

15:37

i want NW bad

JumpySubsequentDolphin

15:37

@glovediedthisishismom: im gonna get this tattooed

snow

15:38

hoping my 3 years of legal experience help!

BulbasaurNoLikeCardio

15:38

Im not that old lmao Ill see if I can convince the wife to allow me to apply and research the area more. Just worried that I wont have that intellect that a rank 9 school would need

snow

15:38

shoot your shot bulb

snow

15:38

dont tell yourself that.

BulbasaurNoLikeCardio

15:40

I think babycat just wants me close for when she gets into Uchicago lol For me the locations of the school and environment around it matters a lot

soap

15:42

Are you in an open marriage?

babycat

15:42

@BulbasaurNoLikeCardio: aw of course I want you around but I was thinking of the 7sage diversity statement in their admissions course where this guy writes about how he and his wife take in foster kids. he got into NW with below median LSAT. you have significant past adversity and interesting work experience I would shoot your shot

babycat

15:43

and I honestly don't think the t14 require significantly more intellect than any other law school. the content is pretty much the same

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