Collateral Estoppel

Question 1

What is another name for collateral estoppel?

Answer 1

Issue Preclusion

Question 2

What is collateral estoppel (issue preclusion)?

Answer 2

A party invoking issue preclusion must show that in a previous case

(1) the same issue was
before the court,

(2) the case ended in a valid and final judgment,

(3) the issue was actually
litigated,

(4) the issue was necessary to the judgment, and

(5) the party against whom
preclusion is asserted had a full and fair opportunity to litigate the issue.