res judicata


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Related to res judicata: Issue preclusion

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

n
(Law) law a matter already adjudicated upon that cannot be raised again
[Latin]

res ju•di•ca•ta

(ˈriz ˌdʒu dɪˈkeɪ tə, ˈreɪs)
n.
Law.
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 ?
The defence of unacceptability of a lawsuit due to res judicata shall be decided by the court of its own motion.
Kahn also found noteworthy Caspers refusal to apply res judicata principles to bar the city from arguing that testing Murphys sample was reasonable.
The first section outlines topics in a one-semester, 14-week curriculum (personal jurisdiction; subject matter jurisdiction; supplemental jurisdiction, removal, and venue; modern pleading; joinder of parties and claims; discovery; summary judgment, trial motions, and post-trial motions; choice of applicable law, and representational class action litigation), followed by a section on alternative topics that may be substituted: procedural due process, right to trial by jury, interlocutory appeal, and res judicata and preclusion doctrine.
T]he issues and the causes of action raised in the complaints filed in the two cases are different, thus rendering both doctrines of res judicata and the 'law of the case' inapplicable,' it said.
raised the question whether res judicata or collateral estoppel applied
By according qualified res judicata effect to that disposition, the Court of Session could limit the number of contests and provide a measure of repose for defenders.
This amounted to res judicata and was binding on Gavin and the DIFC Courts.
2004), which held that res judicata did not bar a lender from foreclosing on a mortgage based on defaults occurring subsequent to the dismissal of a prior foreclosure proceeding regardless of whether the lender sought to accelerate payments on the note in the first suit.
Singleton also dealt with a renewed foreclosure case but addressed res judicata issues.
descriptive account: instead of applying principles of res judicata, as
209) A Defendant-Oriented Injunction is a milder tool than a Rule 23(b)(2) lawsuit because it allows third parties to reap the benefits of a favorable ruling without subjecting them to the res judicata effects of an unfavorable one.
One significant change the proposed rules make is to provide additional guidance on the application of res judicata in innocent spouse cases.