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Issue Preclusion

action parties relitigation privies

A concept that refers to the fact that a particular QUESTION OF FACT or law, one that has already been fully litigated by the parties in an action for which there has been a judgment on the merits, cannot be relitigated in any future action involving the same parties or their privies (persons who would be bound by the judgment rendered for the party).

The term issue preclusion is synonymous with COLLATERAL ESTOPPEL, a doctrine which bars the relitigation of the same issue that was the basis of a finding or verdict in an action by the same parties or their privies in subsequent lawsuits involving the same or different causes of action. It is not, however, the same as the doctrine of RES JUDICATA which bars the relitigation of an entire CAUSE OF ACTION, claim or demand, as opposed to an issue that makes up a cause of action, claim, or demand.

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