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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 Mississippi, res judicata, or claim preclusion, prevents a party from relitigating a claim that has already been finally adjudicated by a competent court. Once a final judgment has been rendered, the same parties cannot bring a lawsuit on the same cause of action. This principle ensures finality and consistency in legal proceedings, and it helps to conserve judicial resources. Issue preclusion, also known as collateral estoppel, is a related concept that bars the re-litigation of specific issues that were necessarily decided in a previous lawsuit between the same parties. For issue preclusion to apply, the issue must have been actually litigated, determined by a valid and final judgment, and the determination must have been essential to the judgment. Both res judicata and collateral estoppel are recognized and applied by Mississippi courts to uphold the integrity of the judicial system and to prevent the same disputes from being tried multiple times.

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Civil procedure

res judicata and collateral estoppel

Individual & Family Legal Plan

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Mississippi State Code

Mississippi State Code

Civil procedure

res judicata and collateral estoppel

Articles