Define: Defensive Collateral Estoppel

Defensive collateral estoppel, also known as defensive issue preclusion, is a legal doctrine that prevents a party from relitigating an issue that has already been decided in a previous case, even if the party was not a party to the original case.

Defensive collateral estoppel can be used when a party is facing a lawsuit and wants to prevent the opposing party from re-litigating an issue that has already been decided in a previous case involving a different party.

Defensive collateral estoppel is used by a defendant to prevent the plaintiff from re-litigating an issue, while offensive collateral estoppel is used by a plaintiff to prevent the defendant from re-litigating an issue.

To apply defensive collateral estoppel, the following requirements must be met: (1) the issue in question must be identical to the issue decided in the previous case, (2) the issue must have been actually litigated and determined in the previous case, (3) the issue must have been essential to the judgment in the previous case, and (4) the party against whom defensive collateral estoppel is asserted must have been a party or in privity with a party in the previous case.

Defensive collateral estoppel is primarily used in civil cases, but it can also be used in criminal cases if the requirements for its application are met.

Yes, a party can choose to assert defensive collateral estoppel as a defence in a lawsuit to prevent the opposing party from re-litigating an issue.

Yes, defensive collateral estoppel can be used against the government if the requirements for its application are met. However, there may be certain limitations and exceptions when applying it against the government.

Yes, a party can waive the right to assert defensive collateral estoppel by failing to raise it as a defence in a timely manner or by voluntarily participating in the re-litigation of the issue.

Defensive collateral estoppel is a doctrine recognized in most jurisdictions, but its application may vary depending on the specific laws and rules of each jurisdiction.

Yes, a court may refuse to apply defensive collateral estoppel if it determines that the party against whom it is asserted did not have a full and fair opportunity to litigate the issue in the previous case, or if applying it would result in an unjust outcome.