Which term refers to a legal principle preventing the re-litigation of an issue?

Prepare for the NYLE Civil Practice and Procedure Test. Access flashcards and multiple choice questions, each with hints and explanations. Get fully prepared for your exam now!

The term that refers to a legal principle preventing the re-litigation of an issue is "collateral estoppel." This doctrine allows a party to prevent re-litigation of an issue that has already been determined in a final judgment in a prior case, to which the same party was involved. Collateral estoppel applies to issues of fact that were essential to the earlier decision and are now being contested in a new case.

In contrast, res judicata, often confused with collateral estoppel, typically refers to the broader principle that prevents the relitigation of entire claims or causes of action that have already been decided in a final judgment between the same parties. Judicial review pertains to the power of courts to review the actions of administrative agencies or legislative bodies, ensuring compliance with constitutional and statutory requirements. Precedent relates to a legal principle or rule established by a previous case, which is to be followed in subsequent cases with similar circumstances.

Understanding these distinctions is crucial in civil procedure, particularly when dealing with the finality of legal judgments and the efficient resolution of disputes.

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