Estoppel By Judgment - Law Dictionary Search Results
Home Dictionary Name: estoppel by judgmentestoppel by judgment
estoppel by judgment see estoppel ...
estoppel
estoppel [probably from Middle French estoupail plug, stopper, from estouper to stop up see estop ] 1 : a bar to the use of contradictory words or acts in asserting a claim or right against another ;esp : equitable estoppel in this entry compare waiver equitable estoppel : an estoppel that prevents a person from adopting a new position that contradicts a previous position maintained by words, silence, or actions when allowing the new position to be adopted would unfairly harm another person who has relied on the previous position to his or her loss called also estoppel in pais NOTE: Traditionally equitable estoppel required that the original position was a misrepresentation which was being denied in the new position. Some jurisdictions retain the requirement of misrepresentation. estoppel by deed : an estoppel precluding a person from denying the truth of any matter that he or she asserted in a deed esp. regarding his or her title to the property compare after-acquired title a...
res judicata
res judicata [Latin, judged matter] 1 : a thing, matter, or determination that is adjudged or final: as a : a claim, issue, or cause of action that is settled by a judgment conclusive as to the rights, questions, and facts involved in the dispute b : a judgment, decree, award, or other determination that is considered final and bars relitigation of the same matter [the trial court interpreted the earlier order as a dismissal with prejudice and thus res judicata as to the subsequent complaint "Southeast Mortg. Co. v. Sinclair, 632 So. 2d 677 (1994)"] ;also : the barring effect of such a determination 2 : a principle or doctrine that generally bars relitigation or reconsideration of matters determined in adjudication [the doctrine of res judicata precludes the presentation of issues in a post-conviction petition which have previously been decided upon direct appeal "Stowers v. State, 657 N.E.2d 194 (1995)"]: as a : a broad doctrine in civil litigation that requires and includes ...
Judgment
Judgment [fr. judgment, Fr.], judicial determination; decision of a Court.Under the former practice of the superior Courts, this term was usually applied only to the Common Law Courts, the term 'decree' being in general use in the Court of Chancery. The expression 'Judg-ment,' however, is now used generally except in matrimonial causes, the term 'judgment' including 'decree' [(English) Jud. Act, 1925, s. 225, replacing Jud. Act,1873, s. 100].The several species of judgments are either:-(a) Interlocutory, given in the course of a cause, upon some plea, proceeding, or default, which is only intermediate, and does not finally determine or complete the action. See INQUIRY; SUMMONSES; and ORDERS; and the various titles of the subjects of such judgments as MANDAMUS; INJUNC-TION, etc.(b) Final, putting an end to the action by an award of redress to one party, or discharge of the other, as the case may be.By the (English) C.L.P. Act,1852, s. 120, a plaintiff or defendant having obtained a verd...
merger
merger 1 : the absorption of a lesser estate or interest into a greater one held by the same person compare confusion 2 : the incorporation and superseding of one contract by another 3 a : the treatment (as by statute) of two offenses deriving from the same conduct such that a defendant cannot be or is not punished for both esp. when one offense is incidental to or necessarily included in the other [a of offenses in a statute] [a of convictions] b : the doctrine according to which such offenses must be merged compare double jeopardy NOTE: Merger commonly involves the interpretation of statutes and legislative intent in deciding whether two or more offenses deriving from the same conduct remain distinct. 4 : a doctrine in civil litigation: a judgment in favor of a plaintiff incorporates and supersedes the cause of action and any claims based on it and requires that further litigation in the case by the defendant be concerned with the judgment itself compare bar estoppel by judg...
estoppel by verdict
estoppel by verdict :estoppel by judgment at estoppel ...
issue preclusion
issue preclusion : estoppel by judgment at estoppel ...
former adjudication
former adjudication : a procedural doctrine that bars relitigation by the same parties of the same issues or claims upon which a judgment has already been rendered NOTE: Estoppel by judgment and res judicata are the two branches of former adjudication, although res judicata is often used broadly to mean former adjudication. ...
Estoppel
Estoppel, a conclusive admission, which cannot be denied. It is of three kinds:-(1) By matter of record, which imports such absolute and incontrovertible verity, that no person against whom it is producible shall be permitted to aver against it. A record concludes the parties thereto, and their privies, whether in blood, in law, or by estate, upon the point adjudged, but not upon any matter collateral or adjudged by inference, A judgment in an action in rem is absolutely binding upon all the world.A conviction on the same facts is no estoppel in a civil action because the parties are not the same, Palace Shipping Co. v. Caine, 1907 AC 386.(2) By deed. No person can be allowed to dispute his own solemn deed, which is therefore conclusive against him, and those claiming under him, even as to the facts recited in it. The general rule is that an indenture estops all who are parties to it, while a deed-poll only estops the party who executesit, since it is his sole language and act, Shep. T...
Foreign judgment
Foreign judgment, it is a well established pro-position in Private International law that unless a foreign Court has jurisdiction in the international sense, a judgment delivered by that Court would not be recognised or enforceable in India, Sankaran Govindan v. Lakshmi Bharathi, AIR 1974 SC 1764: (1975) 3 SCC 351: (1975) 1 SCR 57.Means the judgment of a foreign Court. [Code of Civil Procedure, 1908 (5 of 1908), s. 2 (6)]--A foreign judgment, i.e., a judgment of a foreign court, stands on a very different footing from a judgment of a court of this country. It cannot be enforced here by execution like an English judgment; it can only be enforced by bringing an action on it as if it were a contract, which of course it is not, though it is convenient to treat it as such. It is not strictly in this country res judicata, and therefore does not create an absolute estoppel. Nevertheless it is practically conclusive between the parties on the merits. Every presumption will be made in favour of...
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