Res Judicata


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Related to Res Judicata: Issue preclusion

Res Judicata

In law, a case that has already been decided and is no longer subject to appeal. A res judicata case prohibits litigants from bringing up the same matter repeatedly. For example, res judicata disallows creditors from trying to collect a debt after it has been discharged in bankruptcy. The term is Latin for "a thing judged."
References in periodicals archive ?
is that future cases in which res judicata would arise as a defense
out" class action would have res judicata status in the PRC.
The foundation of res judicata is that a final judgment in a court of competent jurisdiction is absolute and settles all issues actually litigated in a proceeding as well as those issues that could have been litigated.
When a class is not certified, on the other hand, res judicata will bind
In the words of Casad and Clermont, "The modern, so-called transactional, view of res judicata, dictates that the plaintiff should in a single lawsuit fully litigate all grievances arising from a transaction, just as the plaintiff may do under the modern rules of procedure.
rule itself would operate to preclude interstate res judicata, even if
Accordingly, the court applied the legal doctrine of res judicata to bar Dr.
The Ninth Circuit employed the doctrine of res judicata and dismissed ASFA's class action, thereby extending the government enormous parens patriae authority to subsume private claims.
the "normal" rule, under which the decision would be fully retroactive to the parties before the Court and all others, consistent with procedural barriers to further litigation such as res judicata and that statute of limitations;
The project execution will start purchasing decision, res judicata, and after the signing of the 2014 first half.
Chapters discuss personal jurisdiction, subject matter jurisdiction, modern pleading, joinder of parties and claims, discovery, summary judgment, trial and post-trial motions, choice of applicable law, representational class action litigation, procedural due process, right to trial by jury, interlocutory appeal, and res judicata and preclusion doctrine.