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."
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References in periodicals archive ?
The Court analysed the rule of res judicata with reference to case-law, stating that it is based on the principles that the finality of a decided dispute serves the public interest and no one can be disturbed twice for the same issue.
1953) (citations omitted) ("The rule is well settled that in order to make a matter res judicata four conditions must concur, namely: (1) identity in the thing sued for; (2) identity of the cause of action; (3) identity of persons and parties to the action, and (4) identity of the quality in the person for or against whom the claim is made.").
(Res Judicata runs until April 30 at Pinto Art Museum in Antipolo City.) (For your new beginnings, e-mail me at bumbaki@yahoo.
to that legal issue are subject to res judicata principles.
The second litigation--considerations of res judicata
An arbitral award does not have res judicata effect only upon confirmation by a final and conclusive decision of the competent court.
As the Fifth District concluded, ' [i]f a "new and independent right to accelerate" exists in a res judicata analysis, there is no reason it would not also exist vis-a-vis a statute of limitations issue,'" Pariente wrote.
modification, has not remained faithful to the res judicata principle it
6015(g)(2), there is an exception to res judicata when a requesting spouse did not meaningfully participate in the prior court proceeding.
53(d), 54(d): Unpublished opinions should not be cited unless for "law of the case, res judicata, collateral estoppel, double jeopardy, or procedural bar." Alaska Alaska R.
"Res judicata serves to preclude the renewal of issues actually litigated and resolved in a prior proceeding as well as claims for different relief which arise out of the same factual grouping' or transaction', and which should have or could have been resolved in the prior proceeding" (Braunstein v.