Judicial estoppel

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. Although, in the United States, it is only a part of common law and therefore not sharply defined, it is generally agreed that it can only be cited if the party in question successfully maintained its position in the earlier proceedings and benefited from it.

The principle of judicial estoppel is illustrated by the following example: a defendant is charged in state court with murder. The alleged murder took place in an old, unused fort which was once federal property but has since reverted to state ownership. The defense counsel argues that the fort technically still belongs to the federal government, and thus the state court has no jurisdiction. The judge agrees, and the state charges are dismissed, but federal charges are subsequently filed. The defense cannot now argue that the state court erred in its judgment (i.e., that the fort is actually state property) because the defense would be taking a contradictory position in the same matter and violating the principle of judicial estoppel. [ [http://volokh.com/posts/1205502596.shtml#340983 The Volokh Conspiracy - If a Body Falls in a Federal Forest ] ]

References

External links

* [http://www.divorcesource.com/research/edj/estoppel/97aug85.shtml Description on www.divorcesource.com]


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  • 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 — 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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