What is res judicata and collateral estoppel?

Res judicata and collateral estoppel are two very important concepts in civil procedure law in South Carolina. Res judicata is a Latin phrase which means “a matter already judged.” In civil law, this means that if a case has already been decided in a court of law, the same parties to the case cannot have the same dispute re-litigated again. This includes all claims that were or could have been decided in the prior case, even if the parties did not bring them up. Collateral estoppel is another important concept in civil procedure law that works similarly to res judicata. This principle states that any “issue of fact” or issue of law that has already been decided in a court can’t be re-litigated in another case—even if the two cases involve different parties. This means that any facts that have been declared valid in another case cannot be re-litigated in a different case. These two principles are important in civil law because they allow stability in judicial decisions and stop parties from relitigating issues that have already been resolved. In South Carolina, these principles form the basis of the doctrine of stare decisis, which states that legal decisions in prior cases should be used to decide current cases. This helps promote consistency and fairness in the court system.

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What is res judicata and collateral estoppel?

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