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单词 issue estoppel
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issue estoppel
issue estoppel n. Law estoppel (estoppel n. 2a) arising in relation to an issue that has previously been litigated and determined between the same parties or their predecessors in title; an instance of this.The issue must be an essential element of the claim or defence in both the previous and current proceedings.
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1921 H. B. Higgins in Commonw. Law Rep.: High Court Austral. 29 561 I fully recognize the distinction between the doctrine of res judicata where another action is brought for the same cause of action as has been the subject of previous adjudication, and the doctrine of estoppel where, the cause of action being different, some point or issue of fact has already been decided (I may call it ‘issue-estoppel’).
1976 Times 20 May 10/1 A police officer who gave evidence of identity at the trial of a man charged with driving a motor cycle while disqualified and acquitted by the jury was not prevented by issue estoppel..from giving evidence to the same effect in a later trial at which the man was tried and convicted of perjury in respect of his own evidence at the first trial.
2006 Internat. & Compar. Law Q. 55 334 Given that the judgment [of the French court] is entitled to be recognized as though it was an English judgment, those findings will be binding on the parties in any subsequent proceedings (that is, they create an issue estoppel in relation to each of those findings).
extracted from issuen.
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