What is the doctrine of judicial estoppel in civil litigation?
The doctrine of judicial estoppel is a policy used in civil litigation in California when a party has taken a particular position in a previous case that conflicts with their current position in a new case. This policy states that a party is prevented from presenting a court with a new position contrary to their old position in a previous case. This rule is meant to maintain the fairness and integrity of the judicial system. The doctrine of judicial estoppel works in two ways. First, it prevents one party from taking inconsistent positions on the same facts in different cases. For example, if one party argued in a previous case that a certain fact was true, then they cannot claim the opposite in a new case. Second, judicial estoppel prevents one party from relitigating matters that have already been decided in a prior case. For example, if the matter of who owns a piece of property was already decided in a prior case, then the same party cannot attempt to ask the court to re-examine the issue in a new case. Judicial estoppel does not prevent a party from arguing a different legal theory or claiming a new set of facts for the same issue. However, it does limit what claims and positions a party can take that are inconsistent with the ones taken in a prior case. This helps ensure that parties do not attempt to manipulate the judicial system and helps maintain the fairness of the judicial system.
Related FAQs
What is a summary judgment in civil litigation?What are the remedies available in civil litigation?
What is an ex parte hearing in civil litigation?
What is a deposition in civil litigation?
What is the role of the mediator in civil litigation?
What is an injunction in civil litigation?
What is the standard of proof for punitive damages in civil litigation?
What are the differences between a motion for summary judgment and a motion for judgment on the pleadings in civil litigation?
What are the limits of attorney fees in civil litigation?
What is a motion to amend a complaint in civil litigation?
Related Blog Posts
What You Need to Know About Civil Litigation Law in 2021 - July 31, 2023Civil Litigation Law Explained: A Comprehensive Guide - August 7, 2023
Understanding the Role of Attorneys in Civil Litigation Law - August 14, 2023
What to Expect From the Civil Litigation Process - August 21, 2023
How to Strategize in Civil Litigation Law - August 28, 2023