bootstrap doctrine

bootstrap doctrine
A principle in the resolution of conflict of laws that prevents a party from bringing an action in one state's court in an attempt to collaterally attack the final judgment from another state's court. The doctrine is based upon the principle of res judicata, which prevents a party from litigating a jurisdictional claim that has already been resolved by a prior, final decision, or if the litigants had an opportunity to raise the issue and challenge the other court's lack of jurisdiction and failed to do so.

Dictionary from West's Encyclopedia of American Law. 2005.


bootstrap doctrine
A principle in the resolution of conflict of laws that prevents a party from bringing an action in one state's court in an attempt to collaterally attack the final judgment from another state's court. The doctrine is based upon the principle of res judicata, which prevents a party from litigating a jurisdictional claim that has already been resolved by a prior, final decision, or if the litigants had an opportunity to raise the issue and challenge the other court's lack of jurisdiction and failed to do so.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

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  • bootstrap doctrine — The decision of a court on a special as well as a general appearance that it has jurisdiction is not subject of collateral attack but is res judicata. Peri v. Groves, 183 Misc. 579, 50 N.Y.S.2d 300, 308 …   Black's law dictionary

  • bootstrap doctrine — The decision of a court on a special as well as a general appearance that it has jurisdiction is not subject of collateral attack but is res judicata. Peri v. Groves, 183 Misc. 579, 50 N.Y.S.2d 300, 308 …   Black's law dictionary

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