Which of the following is NOT a requirement of collateral estoppel?

Which of the following is NOT a requirement of collateral estoppel?

• A. 'Same issue' in former and current proceeding
• B. Issue was 'actually litigated and decided' in the former proceeding
• C. Party against whom issue preclusion is asserted had a full and fair opportunity to litigate that issue in the former proceeding
• D. The issues are completely unrelated

Answer: (D)

Collateral estoppel applies only when the exact issue was actually litigated in a prior action, resolved, and essential to that judgment, with the party against whom preclusion is asserted having had a full and fair opportunity to litigate. There must also be a final judgment on the merits. If the issues are completely unrelated, collateral estoppel does not apply. So the statement about unrelated issues is not a requirement, which is why it’s the correct choice.

Collateral estoppel applies only when the exact issue was actually litigated in a prior action, resolved, and essential to that judgment, with the party against whom preclusion is asserted having had a full and fair opportunity to litigate. There must also be a final judgment on the merits. If the issues are completely unrelated, collateral estoppel does not apply. So the statement about unrelated issues is not a requirement, which is why it’s the correct choice.