Direct estoppel
Encyclopedia
The doctrine of direct estoppel prevents a party
to a litigation from relitigating an issue
that was decided against that party in that litigation, under certain circumstances. Specifically, direct estoppel applies where the issue was decided as part of a larger claim which was finally decided, and stops the issue from being redecided in another claim of the same lawsuit
. Contrast collateral estoppel
, which stops a claim from being redecided in another lawsuit.
Party (law)
A party is a person or group of persons that compose a single entity which can be identified as one for the purposes of the law. Parties include: plaintiff , defendant , petitioner , respondent , cross-complainant A party is a person or group of persons that compose a single entity which can be...
to a litigation from relitigating an issue
Issue (legal)
In law, issue can mean several things:*In wills and trusts, a person's issue are his or her lineal descendants or offspring. These are distinguished from heirs, which can include other kin such as a brother, sister, mother, father, grandfather, uncle, aunt, nephew, niece, or cousin.*In...
that was decided against that party in that litigation, under certain circumstances. Specifically, direct estoppel applies where the issue was decided as part of a larger claim which was finally decided, and stops the issue from being redecided in another claim of the same lawsuit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
. Contrast collateral estoppel
Collateral estoppel
Collateral estoppel , known in modern terminology as issue preclusion, is a common law estoppel doctrine that prevents a person from relitigating an issue. One summary is that "once a court has decided an issue of fact or law necessary to its judgment, that decision .....
, which stops a claim from being redecided in another lawsuit.