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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.
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 ...
res judicata: a matter judged A matter that has been finally adjudicated, meaning no further appeals or legal actions by the involved parties is now possible. / ˈ r iː z dʒ uː d ɪ ˈ k eɪ t ə, ˈ r eɪ z, dʒ uː d ɪ ˈ k ɑː t ə / res nova: a new thing
The defendant may also file a "third party complaint", which is the defendant's privilege to join another party or parties in the action with the belief that those parties may be liable for some or all of the plaintiff's claimed damages. An answer from the defendant in response to the claims made against him/her, can also include additional ...
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.
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.
Functus officio is thus bound up with the doctrine of res judicata, which prevents (in the absence of statutory authority) the re-opening of a matter before the same court, tribunal or other statutory actor that rendered the final decision. There are many exceptions; for instance, where a statute authorizes variations of the original decision ...
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