Editing Collateral estoppel (section)

== Issue ==

Parties may be estopped from litigating determinations on issues made in prior actions. The determination may be an [[issue of fact]] or an [[issue of law]]. Preclusion requires that the issue decided was decided as part of a valid final judgment. In the United States, valid final judgments of state courts are given preclusive effect in other state and federal courts under the [[Full Faith and Credit Clause]] of the [[U.S. Constitution]].

Valid final judgments must be issued by courts with appropriate personal and subject matter jurisdiction. It is notable, however, that an error does not make a decision invalid. Reversible errors must be appealed. The legal defense (CE) applies even if an erroneous judgment, or erroneous use of legal principles, occurred in the first action.  An incorrect conclusion of the court in the first suit does not cause defendant to forsake the protection of ''[[res judicata]]'' (and by extension, of CE).<ref>{{cite web|title=''Federated Department Stores, Inc. v. Moitie'', 452 US 394, 101 S. Ct. 2424, 69 L. Ed. 2d 103 (1981)|url=https://scholar.google.com/scholar_case?case=3390487915816956083|website=Google Scholar|accessdate=12 December 2017}}</ref>  A judgment need not be correct to preclude further litigation; it is sufficient that it be final, and that it have been decided on the merits of the case.

Collateral estoppel does not prevent an [[appeal]] of a decision, or a party from asking the judge for re-argument or a revised decision. In federal court, judgments on appeal are given preclusive effect.<ref>Wright et al., Federal Practice and Procedure, § 4433).</ref> However, if the decision is vacated, the preclusive effect of the judgment fails.