Divorce Dex.com: Collateral Estoppel

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Definition Collateral Estoppel - a bar to relitigation of issues that have already been tried.

Application in Divorce Collateral estoppel means that the a decided issue cannot be relitigated by the same parties in future court actions. In short, what’s done is done.

The legal doctrine may be either offensive or defensive. In offensive collateral estoppel, a plaintiff is barred from relitigation of issues previously lost against another plaintiff by a defendant; defensive collateral estoppel prevents religitation of claims by a plaintiff previously lost against another defendant.

Collateral estoppel is not a bar to appeal on grounds of error.

See Res Judicata.

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