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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 Wisconsin, res judicata, or claim preclusion, prevents a party from relitigating a claim that has already been finally resolved in a previous lawsuit. This doctrine applies when the earlier case resulted in a final judgment on the merits, and it involved the same parties or their privies, and the same cause of action. Issue preclusion, also known as collateral estoppel, bars the relitigation of issues that were actually litigated and essential to the final judgment in a prior action between the same parties or their privies. Both doctrines are intended to promote judicial efficiency, respect for court decisions, and to protect parties from the burden of multiple lawsuits. Wisconsin courts strictly apply these principles to ensure that once a dispute is resolved, it cannot be brought before the court again.

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Civil procedure

res judicata and collateral estoppel

As a LegalFix Member You Will Be an Important Client of Local Law Firms

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Wisconsin State Code

Wisconsin State Code

Civil procedure

res judicata and collateral estoppel

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