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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 North Carolina, res judicata, or claim preclusion, prevents a party from relitigating a claim that has already been finally adjudicated in a court of law. This means that once a court has reached a final judgment on the merits of a case, the same parties cannot bring a lawsuit on the same claim again. Issue preclusion, also known as collateral estoppel, bars the relitigation of specific issues that were already determined in a previous lawsuit. For issue preclusion to apply, the issue must have been actually litigated, determined by a final judgment, and its determination must have been essential to the prior judgment. 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 North Carolina adhere to these principles, which are grounded in common law and reinforced by state statutes and case law.

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Civil procedure

res judicata and collateral estoppel

Individual & Family Legal Plan

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North-Carolina State Code

North-Carolina State Code

Civil procedure

res judicata and collateral estoppel

Articles