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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.
case brought against Coca-Cola under the Pure Food and Drug Act: United States v. Oppenheimer: 242 U.S. 85 (1916) doctrine of res judicata applies to criminal cases American Well Works Co. v. Layne & Bowler Co. 241 U.S. 257 (1916) scope of federal question jurisdiction in patent law case Caminetti v. United States: 242 U.S. 470 (1917)
Lester B. Orfield, A Resume of Decisions of the United States Supreme Court on Federal Criminal Procedure, 30 Ky. L.J. 360 (1942). Lester B. Orfield, A Resume of Decisions of the United States Supreme Court on Federal Criminal Procedure, 7 Mo. L. Rev. 263 (1942).
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
It does not include decisions that have been abrogated by subsequent constitutional amendment or by subsequent amending statutes. As of 2018, the Supreme Court had overruled more than 300 of its own cases. [1] The longest period between the original decision and the overruling decision is 136 years, for the common law Admiralty cases Minturn v
Amendment 3, if passed in Florida ... According to a report from the Journal of Criminal Justice, the rates of violent crime, aggravated assault and auto thefts increased by 14%, 15% and 25% ...
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 ...
Semtek v. Lockheed Martin, 531 U.S. 497 (2001), is a United States Supreme Court case in which the Court held that the claim preclusive effect of a federal judgment on a claim over which subject matter jurisdiction is based solely on diversity is determined by the common law of the state in which the federal district court rendering the decision is located.