res judicata

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res ju·di·ca·ta

 (rēz′ jo͞o′dĭ-kä′tə, rās′)
n. pl. res ju·di·ca·tae (-kä′tē, -tī)
1. The principle that a decision by a competent court in a case fully and fairly litigated is final and conclusive as to the claims and issues of the parties and cannot be relitigated.
2. A claim or issue that has been decided under this principle.

[Latin rēs iūdicāta, thing decided : rēs, thing + iūdicāta, feminine past participle of iūdicāre, to judge.]

res judicata

(ˈreɪs ˌdʒuːdɪˈkɑːtə) or

res adjudicata

(Law) law a matter already adjudicated upon that cannot be raised again

res ju•di•ca•ta

(ˈriz ˌdʒu dɪˈkeɪ tə, ˈreɪs)
a thing adjudicated; a case that has been decided.
[1685–95; < Latin]
ThesaurusAntonymsRelated WordsSynonymsLegend:
Noun1.res judicata - a matter already settled in court; cannot be raised again
matter, topic, issue, subject - some situation or event that is thought about; "he kept drifting off the topic"; "he had been thinking about the subject for several years"; "it is a matter for the police"
References in periodicals archive ?
In "restating" the law of preclusion, the Second Restatement set forth a coherent vision of claim preclusion and issue preclusion, widely followed by courts around the country.
Reversing district court's dismissal of claims based on claim preclusion and the Kessler doctrine where plaintiff had asserted terminally disclaimed continuation patents against products previously found not to infringe parent patents.
We agree with Hanson that the circuit court erred by concluding claim preclusion and issue preclusion barred his counterclaims and third-party claims regarding the Trusts rejection of certain offers to purchase a portion of the mortgaged property.
Instead of entering judgment based on issue preclusion, which is inappropriate in many cases, there are substantial policy concerns favoring either applying claim preclusion, dismissing the plaintiff's action for failure to state a claim upon which relief may be granted under Rule 12(b)(6) of the Federal Rules of Civil Procedure, or simply staying the patent litigation pending final appeal of an earlier proceeding over the same property right.
The Court's reasoning suggests that it found in the latter a form of claim preclusion according to which a final judgment relative to certain facts bars later litigation based on those facts but on new law.
at 2239 (discussing Coca-Cola's argument for Lanham claim preclusion based on congressional intent for labeling uniformity).
100) However, apart from claim preclusion, the collateral estoppel, or issue preclusion, remains far less clear.
Mirror Worlds successfully argued that claim preclusion does not bar its infringement claims because the claims are based on acts of infringement that occurred after the trial of the earlier case.
And because potential infringement is continuing, there is no question of claim preclusion.
111(c)(1), (3): Unpublished opinions may be cited for claim preclusion, issue preclusion, or law of the case; to assist court in issuing opinions; or for persuasive value.
The judge stated clearly that Brumfield took no steps to avoid claim preclusion during her previous suit.