Preclusion and finality doctrines are the family of common law civil procedure rules that stop parties from relitigating matters a court has already resolved. Claim preclusion, traditionally called res judicata, bars a party from bringing a second lawsuit on the same cause of action once a court has entered a final judgment on the merits. Issue preclusion, historically known as collateral estoppel and enforced against a party's own prior inconsistent position through judicial estoppel, instead bars relitigating a specific factual or legal issue that was actually decided in an earlier proceeding, even inside a different claim. The law of the case doctrine extends this same finality logic within a single lawsuit, holding that a ruling a trial court makes and that a party does not challenge on appeal binds every later stage of that same litigation absent new evidence, a change in controlling law, or clear error. Together these doctrines protect litigants from being forced to defend the same dispute twice and let courts and parties rely on a judgment once it is final.
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Preclusion and Finality Doctrines
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Collateral Estoppel (Wikipedia)
Res Judicata (Wikipedia)
WikipediaHas Member: Res Judicata, lead: 'also known as claim preclusion'View the Source Judicial estoppel (Wikipedia)
Has Member: Judicial estoppel, lead: estoppel precluding a party from a position contrary to an earlier proceedingView the Source Law of the case (Wikipedia)
Has Member: Law of the Case, lead: term of art in common law jurisdictions recognizing stare decisis; unchallenged trial rulings bind later stagesView the Source Reader Challenges (0)
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