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Why doesn't Trump just start building the wall using military funding THEN...
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01-24-2019, 06:35 PM
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- BuckNakedinBama
- hell yeah brother
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- BuckNakedinBama
- hell yeah brother
- Join Date: Aug 2011
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Why doesn't Trump just start building the wall using military funding THEN...
...have a lacky file for an injunction in a federal district court (i.e. the 5th district) so it can be denied then file a lawsuit in the same court so it can also be denied. Then if a loony lib tries to file in another district they can't even hear the case due to issue preclusion.
Collateral estoppel, or issue preclusion:
proscribes relitigation when the identical issue
already has been fully litigated. [It] may be invoked
when: (1) the identical issue was decided in a prior
adjudication; (2) there was a final judgment on the
merits; (3) the party against whom the bar is asserted
was a party or in privity with a party to the prior
adjudication; and (4) the party against whom the bar is
asserted had a full and fair opportunity to litigate
the issue in question.
Bd. of Trs. of Trucking Em’ees of N. Jersey Welfare Fund v.
Centra, 983 F.2d 495, 505 (3d Cir. 1992).
Collateral estoppel, or issue preclusion:
proscribes relitigation when the identical issue
already has been fully litigated. [It] may be invoked
when: (1) the identical issue was decided in a prior
adjudication; (2) there was a final judgment on the
merits; (3) the party against whom the bar is asserted
was a party or in privity with a party to the prior
adjudication; and (4) the party against whom the bar is
asserted had a full and fair opportunity to litigate
the issue in question.
Bd. of Trs. of Trucking Em’ees of N. Jersey Welfare Fund v.
Centra, 983 F.2d 495, 505 (3d Cir. 1992).
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