Practical Law Glossary Item 5-518-6335 (Approx. 2 pages)
Glossary
Collateral Estoppel
Also known as issue preclusion. A legal doctrine that prevents a party from relitigating an issue that was resolved in a previous lawsuit or administrative proceeding, even if the issue relates to a different claim. In criminal cases, collateral estoppel is derived from the Fifth Amendment's guarantee against double jeopardy (U.S. Const. amend. V).
Collateral estoppel may be asserted by any party. It applies only when the party against whom it is asserted had a full and fair opportunity to litigate the issue in the previous lawsuit or proceeding. Collateral estoppel is an affirmative defense in most jurisdictions and should be asserted as such.