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)
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Collateral estoppel (CE), known in modern terminology as issue preclusion, is a common law estoppel doctrine that prevents a person from relitigating an issue.
View the Source 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 Estoppel (Wikipedia)
WikipediaHas Member: Estoppel, Introduction, sentence 1Quote, Has Member: Estoppel, Introduction, sentence 1
Estoppel is a judicial device whereby a court may prevent or "estop" a person from making assertions or from going back on their word.
View the Source Laches (Equity) (Wikipedia)
WikipediaHas Member: Laches, Introduction, sentence 1Quote, Has Member: Laches, Introduction, sentence 1
In common-law legal systems, laches ( LAT-chiz, ) is a lack of diligence and activity in making a legal claim, or moving forward with legal enforcement of a right, particularly in regard to equity.
View the Source Fraudulent concealment (Wikipedia)
Has Member: Fraudulent concealment, Introduction, sentence 1Quote, Has Member: Fraudulent concealment, Introduction, sentence 1
Fraudulent concealment is a common law doctrine that may be invoked to toll a statute of limitations.
View the Source Condonation (Wikipedia)
Has Member: Condonation, Introduction, sentences 1-2Quote, Has Member: Condonation, Introduction, sentences 1-2
Within the legal profession, condonation (or a condonance) is a defence argument sometimes made when an accuser has previously forgiven or chosen to ignore an act about which they are now legally complaining. In some legal jurisdictions, and for certain behaviors, it may prevent the accuser from prevailing.
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