What is res judicata and collateral estoppel?

Res judicata and collateral estoppel are two concepts related to the civil procedure laws in Virginia. Res judicata, also referred to as “claim preclusion,” prevents individuals from bringing a claim of any kind if it has already been tried or decided in a prior action. This means that if an individual has already attempted to seek compensation or resolution of a matter in court and a decision was made, that decision is “final” and the same matter cannot be addressed again as if it was the first time. Collateral estoppel is a similar concept to res judicata, with the main distinction that collateral estoppel prevents the relitigation of a specific issue that was already tried and decided. For example, if a plaintiff claimed that a defendant hurt her in a prior case, the court would decide whether or not the defendant was responsible for the harm. If the court found that the defendant was not responsible, the plaintiff could not later bring the same claim in a new case. Overall, res judicata and collateral estoppel are two key concepts in civil procedure laws in Virginia that work together to prevent the same lawsuits or issues from being brought up over and over again. This helps to make the court system more efficient and can help to bring about a more timely resolution of disputes.

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What is res judicata and collateral estoppel?

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