What is res judicata and collateral estoppel?

Res judicata and collateral estoppel are two important concepts in civil procedure in Kansas. Res judicata is a Latin term meaning “a matter already judicially decided” and when it applies it prevents a plaintiff from bringing an action again on the same claim for relief. Res judicata applies if the plaintiff had a previous claim that resulted in a final judgment or court order, and the plaintiff could have obtained the same relief previously. Collateral estoppel, also known as issue preclusion, is when a court uses the determination of fact by another court in a prior case that was necessary to determine a matter. With collateral estoppel, the parties in the current dispute are not allowed to challenge the prior court’s determination. It prevents a party from relitigating an issue that was already resolved in another case. Both res judicata and collateral estoppel are important safeguards in civil procedure in Kansas that protect people from having to face the same charges or matters multiple times. These two concepts are fundamental to justice and fairness in Kansas courts, and are used to ensure that the law is applied to all cases in a uniform and consistent manner.

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What is res judicata and collateral estoppel?

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