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:
“Your child...may not call you or other people names.... Don’t be tempted to gloss over this issue. You may be able to talk to yourself into not minding being called names, but this decision may come back to haunt you in later years. If you let a preschooler speak disrespectfully to you now, you’ll have a much harder time of it when your child is a preteen and the issue resurfaces, which it is likely to do then.”
—Lawrence Balter (20th century)
“Parents are led to believe that they must be consistent, that is, always respond to the same issue the same way. Consistency is good up to a point but your child also needs to understand context and subtlety . . . much of adult life is governed by context: what is appropriate in one setting is not appropriate in another; the way something is said may be more important than what is said. . . .”
—Stanley I. Greenspan (20th century)
“If the issue doesn’t matter a whole lot, just drop it. You don’t have to win every fight ... and you will not have lost any of your authority by giving in when it doesn’t matter very much.”
—Lawrence Balter (20th century)