We are independent & ad-supported. We may earn a commission for purchases made through our links.
Advertiser Disclosure
Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.
How We Make Money
We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently of our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.
Finance

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

What is Collateral Estoppel?

Mary McMahon
By
Updated: Feb 02, 2024
Views: 7,681
Share

Collateral estoppel is a legal doctrine which allows people to block relitigation of an issue which has already been decided in a court of law. The person against whom this doctrine is used is said to be estopped. The goal of collateral estoppel is to reduce the load on the legal system by weeding out repeat or nuisance cases and to prevent harassment by allowing people to estop parties who attempt to relitigate decided issues.

This doctrine arose in civil law, although it is sometimes also applied to criminal law. Essentially, when a party is estopped under collateral estoppel, it is because it has been successfully argued that the matter was already decided and a firm conclusion was reached. If the legal decision in the previous litigation was valid, another litigation cannot proceed.

Defendants can utilize collateral estoppel to prevent relitigation of a case they've already been involved in, under the argument that the issue has been satisfactorily resolved and they should not be subject to additional litigation. People can also use this doctrine when they were not directly involved in the initial litigation, arguing that the first suit decided the issue and it cannot be tried again. While these tactics are used by defendants, plaintiffs can also call upon collateral estoppel to argue that a case has been decided and litigation should not be reopened.

People may use the term “issue preclusion” to describe collateral estoppel. This references the fact that the doctrine rests on the idea that once an issue has been decided conclusively, it cannot be relitigated. However, collateral estoppel does not bar appeals; people can argue that the decision was invalid or problematic in some way, and that as a result they should have the right to appeal so that they can receive a new trial.

Some concerns have been raised about the impact that this doctrine can have on due process. Many nations recognize that people do have a legal right to take issues to court, and anything which restricts this right can be problematic. Some scholars have pointed out that collateral estoppel could be used in a way which abridges rights, especially those of defendants. This must be weighed when considering cases in which people wish to use the doctrine, to confirm that issue preclusion is indeed warranted in that case and that no one's rights will be restricted if the doctrine is utilized.

Share
WiseGeek is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.
Mary McMahon
By Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a WiseGeek researcher and writer. Mary has a liberal arts degree from Goddard College and spends her free time reading, cooking, and exploring the great outdoors.

Editors' Picks

Discussion Comments
Mary McMahon
Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a...

Learn more
Share
https://www.wise-geek.com/what-is-collateral-estoppel.htm
Copy this link
WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.