What is res judicata and collateral estoppel?

Res Judicata and Collateral Estoppel are legal principles that help to avoid unnecessary litigation and conserve judicial resources. Res Judicata states that once a matter has been adjudicated by a court of competent jurisdiction, it is final and cannot be re-litigated. It is a bar to the relitigation of the same cause of action between the same parties or their privies. Collateral Estoppel, also known as issue preclusion, is a related doctrine that prevents parties from relitigating an issue that has already been decided by a court of competent jurisdiction. In Nebraska, the two doctrines act as a shield from multiple attempts to litigate a single issue. For example, if a case is tried in Nebraska state court and the defendant is found not liable, the plaintiff would be barred from bringing the same claim against the defendant in federal court. The key element of both doctrines is that the prior court must have reached a judgment on the merits, meaning the court dealt with the issue on its merits rather than dismissing it for procedural reasons. Res Judicata and Collateral Estoppel are important doctrines that are strongly recognized in Nebraska. Courts have established res judicata and collateral estoppel to conserve judicial resources and to ensure that parties to a lawsuit can finally determine their rights and obligations without fear of being sued multiple times. It is also important to keep in mind that Nebraska follows the rule of "comity" which states that a Nebraska court awards more weight to the judgments issued by the courts of other states.

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What is res judicata and collateral estoppel?

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