Previously litigated: This refers to a claim that has been brought up in a court case before and has been decided upon by the court. If the same claim arises again in a different case involving the same parties, the court cannot make a different decision. This is known as collateral estoppel.
Actually litigated refers to a claim that has been previously raised in a lawsuit, presented to the court, and decided upon. Once a claim has been actually litigated, it cannot be raised again in a subsequent lawsuit. For instance, if an individual sues their former employer for wrongful termination and the court determines that the termination was lawful, they cannot bring up the same claim in another lawsuit against the same employer. This is because the claim has already been actually litigated and decided upon by the court. Similarly, if someone is injured in a car accident and sues the other driver for damages, but the court finds the other driver not at fault, the injured person cannot bring up the same claim in a different lawsuit against the same driver. This is because the issue of fault has already been actually litigated and decided upon by the court.
“Actually litigated” refers to a case that has gone through a trial or hearing and has been decided by a judge or jury.
“Actually litigated” means the case went to trial, while “settled out of court” means the parties reached a settlement agreement before trial.
No, a case that was dismissed before trial is not considered “actually litigated.”
Common types of cases that are actually litigated include personal injury, contract disputes, criminal cases, and family law matters.
The length of time it takes for a case to be actually litigated can vary widely depending on the complexity of the case and the court’s schedule. Some cases can be resolved in a matter of months, while others can take years.
The burden of proof in an actually litigated case is typically on the plaintiff, who must prove their case by a preponderance of the evidence.
Yes, an actually litigated case can be appealed to a higher court if the losing party believes there was an error in the trial court’s decision.
If a party does not comply with the court’s orders in an actually litigated case, they may be held in contempt of court and face penalties such as fines or even jail time.
Yes, an actually litigated case can be settled at any time before the judge or jury reaches a verdict.
You can find out if a case has been actually litigated by searching court records or contacting the court where the case was heard.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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