Issue Preclusion

This lesson presents the elements of issue preclusion, sometimes referred to as "collateral estoppel", and exceptions to the doctrine. This lesson will explore the elements of collateral estoppel and the questions of who may be bound by, or take advantage of, the prior adjudication. Another lesson will address the question of whether an adjudication in one jurisdiction can preclude relitigation in a second jurisdiction.

Learning Outcomes

On completion of the lesson, the student will be able to:

1. Describe differences between claim and issue preclusion.
2. Explain the three elements of issue preclusion and the many exceptions to its application.