preclusive

Definition

Having the power to prevent or bar a legal claim or argument from being raised again, usually because the issue was already decided in a previous case.

Etymology

Derived from the Latin 'praecludere,' meaning to shut off or stop, which evolved into the Middle English 'preclude' before taking on its modern legal sense of barring further argument.

In the news

The article uses the term to describe the effect of a foreign judgment, specifically whether a prior court ruling prevents a party from re-litigating the same issue, known as 'issue preclusion.'

Recognizing Foreign Judgments: Of Personal Jurisdiction, Collateral Estoppel, and Judicial Discretion

Transnational Litigation Blog

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