collateral estoppel
间接的禁止翻供的事实
2025-10-08 08:37 浏览次数 8
间接的禁止翻供的事实
1. a legal bar to alleging or denying a fact because of one's own previous actions or words to the contrary
2. a bar to the use of contradictory words or acts in asserting a claim or right against another especially 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.
3. an estoppel precluding a person from denying the truth of any matter that he or she asserted in a deed especially regarding his or her title to the property — compare after-acquired title at title
4. an estoppel preventing a person from making an assertion to another's disadvantage when the person previously had the opportunity and duty to speak but failed to do so
5. equitable estoppel in this entry
6. an estoppel in patent law barring an applicant who has acquiesced in the rejection of a broad claim in the application for a patent from later asserting that a claim deliberately more restricted is equivalent to the original claim — called also prosecution history estoppel
7. an estoppel that prevents a promisor from denying the existence of a promise when the promisee reasonably and foreseeably relies on the promise and to his or her loss acts or fails to act and suffers an injustice that can only be avoided by enforcement of the promise
8. file wrapper estoppel in this entry
9. an equitable estoppel that does not require misrepresentation by one party nor reliance or ignorance by the other party
10. a bar to the relitigation of issues — collateral estoppel estoppel by judgment barring the relitigation of issues litigated by the same parties on a different cause of action broadly estoppel by judgment barring the relitigation of issues litigated by the same parties on a different or the same cause of action
11. estoppel by judgment barring the relitigation of issues litigated by the same parties on the same cause of action
12. a bar to the relitigation in a second action of issues already determined in a previous action especially collateral estoppel in this entry — called also estoppel by verdict, issue preclusion — see also former adjudication — compare merger sense 4, res judicata
13. the affirmative defense of estoppel
14. arising from the operation of estoppel
an entrapment by estoppel
Res judicata and collateral estoppel may also limit an agency's discretion.
已决事件和间接禁止翻供的事实恐怕也限制机关的自由裁量权。
The Court explained that to allow such 「nonmutual」 collateral estoppel 「would substantially thwart the development of important questions of law by freezing the first final decision rendered on a particular legal issue.」
法院解释如下:若允许这样的「非相互的」间接禁止翻供的事实,「冻结根据具体的法律问题作出的初审最后决定,就会严重阻挠重要的法律问题的发展。
On the other hand, in United States v. Mendoza, 464 U.S. 154 (1984), the Court held that collateral estoppel may not be asserted against the United States by persons who were not parties to the earlier case.
另一方面,在」合众国诉门多佐"案〔《美国最高法院判例汇编》第464卷,第154页(1984)]里,法院认为,作为并非早先案件当事人,不能援引间接禁止翻供的事实来反对合众国。