preclusive

Preclusive is an adjective used to describe something that tends to prevent or foreclose a possibility, action, or assertion. The term is commonly applied in legal and formal contexts to indicate that certain claims, issues, or defenses cannot be pursued further due to established rules, judgments, or agreements.

In law, the notion of preclusion centers on efficiency, finality, and consistency. The two main forms are claim preclusion and issue preclusion. Claim preclusion, also known as res judicata, bars a party from bringing a new lawsuit based on the same claim after a court has issued a final judgment on the merits, assuming proper parties and claim identity. Issue preclusion, or collateral estoppel, prevents relitigation of particular issues that were actually litigated and essential to the prior judgment, in a subsequent action between the same parties or their successors. These doctrines discourage piecemeal litigation and ensure that court determinations stand as final.

Preclusion can also appear in other legal contexts, such as evidence law or procedural rules, where certain arguments, defenses, or types of evidence are restricted to avoid prejudice or redundancy. In contract law, preclusion clauses may limit a party’s remedies or bar certain claims after an agreement or settlement.

Etymology and related concepts: the term derives from Latin praecludere, meaning to shut off beforehand. Related doctrines include estoppel and the general concept of finality in adjudication.