Issue
Parties may be estopped from litigating determinations on issues made in prior actions. The determination may be an issue of fact or an issue of law. Preclusion requires that the issue decided was actually and necessarily decided as part of a valid final judgment. Valid final judgments of state courts are given preclusive effect in other state and federal courts under the Full Faith and Credit Clause of the U.S. Constitution.
Valid final judgments must be issued by courts with appropriate personal and subject matter jurisdiction. It is notable, however, that an error does not make a decision invalid. Reversible errors must be appealed. The legal defense (CE) applies even if an erroneous judgment, or erroneous use of legal principles, occurred in the first action. An incorrect conclusion of the court in the first suit does not cause defendant to forsake the protection of res judicata (and by extension, of CE) A judgment need not be correct to preclude further litigation; it is sufficient that it be final, and that it have been decided on the merits of the case.
Collateral estoppel does not prevent an appeal of a decision, or a party from asking the judge for re-argument or a revised decision. In federal court, judgments on appeal are given preclusive effect. However, if the decision is vacated, the preclusive effect of the judgment fails.
Read more about this topic: Collateral Estoppel
Famous quotes containing the word issue:
“If someone does something we disapprove of, we regard him as bad if we believe we can deter him from persisting in his conduct, but we regard him as mad if we believe we cannot. In either case, the crucial issue is our control of the other: the more we lose control over him, and the more he assumes control over himself, the more, in case of conflict, we are likely to consider him mad rather than just bad.”
—Thomas Szasz (b. 1920)
“I would wish that the women of our country could embrace ... [the responsibilities] of citizenship as peculiarly their own. If they could apply their higher sense of service and responsibility, their freshness of enthusiasm, their capacity for organization to this problem, it would become, as it should become, an issue of profound patriotism. The whole plane of political life would be lifted.”
—Herbert Hoover (1874–1964)
“Most people see no reason to stop arguing just because an issue has been decided.”
—Mason Cooley (b. 1927)