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Civil procedure

res judicata and collateral estoppel

Res judicata is the generic term for a group of related concepts concerning the conclusive effects given final judgments. Within this general doctrine there are two principal categories: (1) claim preclusion—also known as res judicata; and (2) issue preclusion—also known as collateral estoppel.

These legal doctrines generally preclude litigants from relitigating claims and issues that were previously litigated to a final resolution or judgment.

In Delaware, res judicata, or claim preclusion, prevents a party from relitigating a claim that has been previously adjudicated by a competent court and has reached a final judgment. This means that once a court has made a final decision on a matter, the same parties cannot dispute the same claim in another lawsuit. Issue preclusion, also known as collateral estoppel, prohibits the re-litigation of factual or legal issues that were already decided in a previous final judgment, even if the current lawsuit is based on a different claim. These doctrines are intended to promote judicial efficiency, respect court decisions, and protect parties from the burden of multiple lawsuits on the same matter. Both federal and state courts in Delaware adhere to these principles, which are grounded in common law and are also codified in Delaware's statutes and procedural rules.

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Civil procedure

res judicata and collateral estoppel

Individual & Family Legal Plan

Articles

Delaware State Code

Delaware State Code

Civil procedure

res judicata and collateral estoppel

Articles