Preclusion - Definition, Meaning, and Examples in English

Definition

^{Context #1 | Noun}

legal context

Preclusion refers to the legal doctrine that prevents a person from asserting a claim or right that contradicts what they have previously established in court. This is often applied in situations where a final judgment has been made in a previous case, thereby barring further litigation on the same matter.

Synonyms

bar, exclusion, prohibition.

Examples of usage

The court ruled that the doctrine of preclusion applies here.
His previous guilty plea resulted in preclusion for any further appeals.
The plaintiff faced preclusion due to her earlier statements.
In this case, preclusion will prevent retrial of the same issues.

Interesting Facts

Law

Preclusion is often used in legal terms, such as claim preclusion or issue preclusion, to prevent parties from litigating matters that have already been resolved.
This concept ensures judicial efficiency by preventing repetitive litigation on the same issues.
In many legal systems, it helps maintain the integrity of judgments by closing the door on previously decided matters.

Logic

In logical arguments, preclusion refers to the act of dismissing a proposition or argument based on previous conclusions.
It often plays a critical role in constructing valid arguments, ensuring that earlier conclusions are not contradictory.
Philosophers examine preclusion as a way of understanding how premises can limit what can logically follow.

Psychology

Preclusion can also refer to mental blocks that prevent individuals from considering new ideas, often based on prior experiences.
In cognitive psychology, understanding how preclusion affects learning can aid in developing strategies to overcome biases.
Studies in behavioral science indicate that preclusion in decision-making can stem from cognitive overload, leading to avoidance of complex choices.

Culture

In film and literature, preclusion is often a narrative device that sets the stage for conflict by preventing characters from achieving their goals.
Symbolically, the concept appears in stories where obstacles create tension, illustrating human struggles against fate.
Cultural narratives frequently explore themes of preclusion, showcasing how characters deal with the barriers imposed by society or circumstances.

Origin of 'preclusion'

Main points about word origin

Derived from the Latin word 'praecludere', which means 'to shut out beforehand'.
The prefix 'pre-' means 'before', combined with 'clusion' from 'claudere', meaning 'to close'.
The term has been used in legal contexts since the late 19th century to refer to preventing claims or arguments.

The term 'preclusion' originates from the Latin word 'præcludere', which means 'to close off'. It combines 'præ-' meaning 'before' and 'claudere' meaning 'to shut'. The concept was adopted in English legal terminology by the late 14th century, as courts began to formalize rules that prevented parties from revisiting settled disputes. The doctrine of preclusion, particularly in its application in civil procedure, has evolved to include both claim preclusion (res judicata) and issue preclusion (collateral estoppel). This evolution reflects the legal system's interest in finality and efficiency in the resolution of disputes, preventing parties from relitigating matters that have already been adjudicated.

Preclusion Meaning: Definition, Examples, and Translations