Tiago Splitter wrote:brotherdarkness wrote:Any problems using issue preclusion between criminal and civil cases. Example: State charges Dave with murder of Victoria. Dave is found guilty of murdering Victoria. Now Victoria's estate wants to bring a wrongful death action (or something) against Dave. Victoria's estate can use offensive collateral estoppel to conclusively establish that Dave did in fact kill Victoria?
Yep. Fine to use offensively as long as not unfair to the other side. Would be ok there.
Hm okay. I remember reading something about how this might be a problem because of different burdens of proof in various types of cases, but I don't remember the context (criminal/civil, or something totally different).