judicial estoppel

judicial estoppel
Under doctrine of "judicial estoppel," a party is bound by his judicial declarations and may not contradict them in a subsequent proceeding involving same issues and parties. Sailes v. Jones, 17 Ariz.App. 593, 499 P.2d 721, 726. Under this doctrine, a party who by his pleadings, statements or contentions, under oath, has assumed a particular position in a judicial proceeding is estopped to assume an inconsistent position in a subsequent action. Yarber v. Pennell, Tex.Civ.App., 443 S.W.2d 382, 384. It is the doctrine of the conclusiveness of the judgments. State v. Ohio Oil Co., Tex.Civ.App., 173 S.W.2d 470, 478, 479.
- issue preclusion
- res (res judicata)

Black's law dictionary. . 1990.

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Look at other dictionaries:

  • Judicial estoppel — In the practice of law, judicial estoppel (also known as estoppel by inconsistent positions) is an estoppel which precludes a party from taking a position in a case which is contrary to a position they have taken in earlier legal proceedings.… …   Wikipedia

  • judicial estoppel — Under doctrine of judicial estoppel, a party is bound by his judicial declarations and may not contradict them in a subsequent proceeding involving same issues and parties. Sailes v. Jones, 17 Ariz.App. 593, 499 P.2d 721, 726. Under this doctrine …   Black's law dictionary

  • judicial estoppel — An estoppel arising from sworn statements made in the course of judicial proceedings. Helfer v Mutual Ben Health & Acci. Asso. 170 Tenn 630, 96 SW2d 1103, 113 ALR 921. Otherwise known as estoppel by oath …   Ballentine's law dictionary

  • Estoppel — in its broadest sense is a legal term referring to a series of legal and equitable doctrines that preclude a person from denying or asserting anything to the contrary of that which has, in contemplation of law, been established as the truth,… …   Wikipedia

  • Estoppel (English law) — Estoppel is a legal doctrine that may be used in certain situations to prevent a person from relying upon certain rights, or upon a set of facts (eg. words said or actions performed) which is different from an earlier set of facts. Estoppel could …   Wikipedia

  • estoppel — es·top·pel /e stä pəl/ n [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… …   Law dictionary

  • Estoppel — (RP: [ɪˈstɒpəl], GenAm: [ɛˈstɑːpəl]; von engl. to estop, „unterbinden, verhindern“) ist ein Grundsatz im Verfahrens und materiellen Recht des Common Law, der die Durchsetzbarkeit eines zustehenden Anspruchs aufgrund von Handlungen des… …   Deutsch Wikipedia

  • estoppel by judgment — The estoppel raised by the rendition of a valid judgment by a court having jurisdiction. The essence of estoppel by judgment is that there has been a judicial determination of a fact. Price v. Clement, 187 Okl. 304, 102 P.2d 595, 597. It rests… …   Black's law dictionary

  • estoppel by judgment — The estoppel raised by the rendition of a valid judgment by a court having jurisdiction. The essence of estoppel by judgment is that there has been a judicial determination of a fact. Price v. Clement, 187 Okl. 304, 102 P.2d 595, 597. It rests… …   Black's law dictionary

  • estoppel — /AstopAl/ Estoppel means that party is prevented by his own acts from claiming a right to detriment of other party who was entitled to rely on such conduct and has acted accordingly. Graham v. Asbury, 112 Ariz. 184, 540 P.2d 656, 658. A principle …   Black's law dictionary

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