The legal principle known as the conclusiveness of the judgement, or judicial estoppel, prohibits individuals from making contradictory claims or arguments that go against their previous statements or established truths in court. This rule aims to promote fairness and hold individuals accountable for their words and actions. It is applicable in different scenarios, including patents, contracts, and court proceedings. In essence, once you have made a statement or taken a certain action, you cannot later alter your narrative and expect to be trusted.
The legal principle of the conclusiveness of the judgement, also known as judicial estoppel, prohibits a party from contradicting their previous statements or actions in the same or earlier legal proceedings if it would harm the current proceeding or constitute a fraud on the court. For instance, if someone sues another person for damages and denies fault but had previously admitted fault in a different case, the doctrine of the conclusiveness of the judgement would prevent them from changing their stance and denying fault in the current case. This principle exists to ensure accountability for past statements and actions, prevent parties from manipulating the legal system for their own advantage, and uphold the integrity of the legal system.
The Doctrine of the Conclusiveness of the Judgement states that a final judgement rendered by a competent court is conclusive and binding on the parties involved in the case.
Yes, the doctrine applies to all types of judgements, including civil, criminal, and administrative judgements.
In general, a party cannot challenge a judgement based on this doctrine. However, there are limited circumstances where a judgement can be challenged, such as if there was fraud or collusion involved in obtaining the judgement.
Yes, the doctrine can apply to judgements from foreign courts if certain conditions are met, such as if there is a reciprocal agreement between the countries involved.
No, a judgement is not considered conclusive if it is still under appeal. The Doctrine applies only to final judgments that have exhausted all available avenues of appeal.
Yes, a party can use the doctrine as a defence in a subsequent lawsuit to argue that the issues raised in the new case have already been conclusively decided in a previous judgement.
Yes, a default judgement can still be considered conclusive if the party against whom the judgement was rendered had an opportunity to defend themselves but failed to do so.
No, a judgement rendered by a court lacking jurisdiction is not considered conclusive. The doctrine of the conclusiveness of the judgement requires that the court rendering the judgement has proper jurisdiction over the matter.
If it is discovered that a judgement was obtained through perjured testimony, it may be possible to challenge the judgement based on fraud. However, this would depend on the specific laws and procedures of the jurisdiction.
No, a judgement rendered in violation of due process rights is not considered conclusive. Due process is a fundamental right, and any judgement obtained in violation of it can be challenged.
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: 7th May 2024.
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