Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

issue preclusion

Read a random definition: in modum simplicis querelae

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
13:09
had to happen
13:09
I do have a buddy that is going to a law school in Michigan tho
13:09
Me too im going to cooley
13:09
you guys should connect!
13:09
he can thridwheel you and cynical
13:09
im tryna link and build
13:09
lets touch a million this year, twin
13:10
Okay i gotta go now bye bye
13:10
ily
13:10
im tryna ball out till i fall out
13:11
bye twin!! til we see again!
god salad is a gift
omg are the umich crowd connecting
CUTE!!!!!
NosyBeagle
13:12
byebye eso
we been linked up
15:27
guys i just got my lsac cumulative gpa back and its 3.3... what is the best fast food restaruant to work at
NosyBeagle
15:29
mcdonald's so you can smell like the fryer for the rest of your life. on a serious note, mine is lower than yours and i still here. do you very best on the lsat and have a killer application. good luck!
15:29
thanks gang <3
15:29
we got this we scrappy
NosyBeagle
15:29
hell yea we do <3
20:55
not rly sure if this the place to ask but can anyone help chance me or throw ideas of schools I may get accepted too? Im a 3.6-7 GPA student at an around a Top 50 undergraduate Im graduating in 3 years with a double major and minor but am sitting around 155 lsat.
21:42
where’s lama
21:43
@NSwaggy: Hello, feel free to check out my profile, but you can: 1. Index, green = likely admit, red, unlikely: https://docs.google.com/spreadsheets/d/1f5Huf-aFImXJOEAao_v0YkprcLdibDfVd0IjCI-Y4Cc/edit?usp=sharing 2. Check out: https://docs.google.com/spreadsheets/d/1sHLKXAPP8icwEJK1VSJ3Wm25BVHVarfaB6zbZU1oaWk/edit?usp=sharing to see median at each school.
21:43
@bigfatsloth: ayo bud how r u?!
21:50
Do you think we’ll see WL movement if nuclear holocaust flattens the middle east?
22:50
LAMA
22:50
my friend
22:50
i’m good i moved to norf carolina i just ate chinese food
23:34
@bigfatsloth: Proud/Happy for you! :)
LSD+ is ad-free, with DMs, discounts, case briefs & more.