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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 Illinois, res judicata, or claim preclusion, prevents a party from relitigating a claim that has already been decided by a final judgment in a previous lawsuit. This doctrine applies when the later lawsuit involves the same parties or their privies, the same cause of action, and a final judgment on the merits by a court of competent jurisdiction. Issue preclusion, also known as collateral estoppel, bars the relitigation of specific issues that were actually litigated and essential to the final judgment in a prior lawsuit, even if the subsequent lawsuit involves a different claim. Both doctrines are intended to promote judicial efficiency, prevent inconsistent judgments, and protect parties from the burden of multiple lawsuits on the same matter. Illinois courts strictly apply these principles to ensure that once a dispute is resolved, it remains settled, provided that the parties had a full and fair opportunity to litigate the matter in the initial proceeding.

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Civil procedure

res judicata and collateral estoppel

Individual & Family Legal Plan

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Illinois State Code

Illinois State Code

Civil procedure

res judicata and collateral estoppel

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