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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 South Carolina, res judicata, or claim preclusion, prevents a party from relitigating a claim that has already been finally adjudicated by a competent court. This means that once a final judgment has been rendered on the merits of a case, the same parties cannot bring a subsequent lawsuit on the same cause of action. Issue preclusion, also known as collateral estoppel, bars the relitigation of specific issues that were actually litigated and essential to the judgment in a prior action between the same parties. Both doctrines are based on the principle that a matter that has been adjudicated by a valid and final judgment cannot be litigated again between the same parties. These principles promote judicial efficiency, respect for court judgments, and the finality of legal proceedings. South Carolina courts will apply these doctrines to ensure that once a dispute has been resolved, it cannot be reopened in future litigation.

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Civil procedure

res judicata and collateral estoppel

Individual & Family Legal Plan

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South-Carolina State Code

South-Carolina State Code

Civil procedure

res judicata and collateral estoppel

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