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Acquittal in a criminal case does not prevent the defendant from being the defendant in a civil suit relating to the same incident (though res judicata operates within the civil court system). For example, O. J. Simpson was acquitted of a double homicide in a California criminal prosecution, but lost a civil wrongful death claim brought over ...
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.
Collateral estoppel (CE), known in modern terminology as issue preclusion, is a common law estoppel doctrine that prevents a person from relitigating an issue. One summary is that, "once a court has decided an issue of fact or law necessary to its judgment, that decision ... preclude[s] relitigation of the issue in a suit on a different cause of action involving a party to the first case". [1]
Double jeopardy is a common concept in criminal law – in civil law, a similar concept is that of res judicata. The double jeopardy protection in criminal prosecutions bars only an identical prosecution for the same offence except when the defendant is a servicemember as the courts have ruled that the military courts are a separate sovereign ...
Lester B. Orfield, A Resume of Decisions of the United States Supreme Court on Federal Criminal Procedure, 20 Neb. L. Rev. 251 (1941). Lester B. Orfield, A Resume of Supreme Court Decisions on Federal Criminal Procedure, 14 Rocky Mntn. L. Rev. 105 (1941).
Hansberry v. Lee, 311 U.S. 32 (1940), is a famous and commonly-used case in civil procedure classes for teaching that res judicata does not apply to an individual whose interests were not adequately represented in a prior class action. The case was successfully argued by the civil rights attorney Earl B. Dickerson. [1]
The importance of finality is the source of the concept of res judicata: the decisions of one court are settled law and may not be retried in another case brought in a different court. References [ edit ]
Eleventh Amendment sovereign immunity and Equal Protection in a disability case Whitman v. American Trucking Associations, Inc. 531 U.S. 457 (2001) determining the scope of the EPA's power to set air quality standards Semtek International Inc. v. Lockheed Martin Corp. 531 U.S. 497 (2001) res judicata effect of federal judgments in state court