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The plea of res judicata applies, except in special cases, not only to points upon which the Court was actually required by the parties to form an opinion and pronounce a judgment, but to every point which properly belonged to the subject of litigation, and which the parties, exercising reasonable diligence, might have brought forward at the time.
Angelo Gambiglioni, De re iudicata, 1579 Res judicata or res iudicata, also known as claim preclusion, is the Latin term for judged matter, [1] and refers to either of two concepts in common law civil procedure: a case in which there has been a final judgment and that is no longer subject to appeal; and the legal doctrine meant to bar (or preclude) relitigation of a claim between the same parties.
Under the Criminal Appeals Act of March 2, 1907, c. 2564, 34 Stat. 1246, the right to review decisions and judgments sustaining special pleas in bar is not limited to cases in which the decisions or judgments are based upon the invalidity or construction of the statutes upon which the indictments are founded. [3]
Res judicata provides that once a case has been determined, it produces a judgment either inter partes or in rem depending on the subject matter of the dispute: although there can be an appeal on the merits, neither party can recommence proceedings on the same set of facts in another court. If that rule were not in place, litigation might never ...
The plea of autrefois acquit is a form of estoppel by which the state cannot reassert the guilt of the accused after they have been acquitted. [3] The plea prevents inconsistent decisions and the reopening of litigation. [3] The limitations of these pleas have been circumscribed by various legal cases and appeals. [4]
Affirmative defenses asserted in Virginia are called "special pleas". A special plea alleges additional facts which would obviate the case, such as the passage of a statute of limitations, failure of a contract to meet the statute of frauds, or res judicata as to the action.
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United States v. Throckmorton (98 U.S. 61) is an 1878 decision of the U.S. Supreme Court on civil procedure, specifically res judicata, in cases heard at equity.A unanimous Court affirmed an appeal of a decision by the District Court for California upholding a Mexican-era land claim, holding that collateral estoppel bars untimely motions to set aside the verdict where the purportedly ...