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 ?
The answer to the question as to whether there is such community of interest as to make a previous decision res judicata as against the parties to a subsequent action, would appear to depend largely upon whether there is or is not a contract expressed or implied between the parties to the proceedings or their authors or ancestors.
He also questioned extending a res judicata to a statutory matter.
Court entered the modified decree without a whisper about res judicata.
It might be objected that, although other rightholders may not be formally bound by res judicata or collateral estoppel, an adverse ruling in an earlier case still will limit future suits as a matter of stare decisis.
113) The dispositif being the relevant section for the purposes of res judicata, see Rosa Theofanis, 'The doctrine of Res Judicata in International Criminal Law' (2003) 3 International Criminal Law Review 195, 197.
40) Res judicata prevented parties from relitigating an issue that was judicially determined for public-policy reasons, which should extend to the application of declaratory legislation to settled issues in a case.
It is known that complies to the parties contesting any error in judicando and error in procedendo in the sentence by means of appropriate resources, which, in theory, stop the development of res judicata containing defects.
Some commentators have read Cooper to undermine arguments against adequacy, given the Court's willingness to permit the individual actions despite a res judicata argument.
The research proposes the principle of legal security with the following components:1) Component of legal security of the state administration; 2) security component of legal res judicata entered in the final decision taken by the state courts.
He also cited res judicata and collateral estoppel, both of which bar relitigation of suits under certain circumstances.
If you received a family court judgment, you might be up against the legal doctrine of res judicata.
Subject to the invalidation process, arbitral awards made under the new Law acquire the force of res judicata and become enforceable.