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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.
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]
Splitting is the tendency to view events or people as either all bad or all good. [1] When viewing people as all good, the individual is said to be using the defense mechanism idealization : a mental mechanism in which the person attributes exaggeratedly positive qualities to the self or others.
Direct estoppel and collateral estoppel are part of the larger doctrine of issue preclusion. [2] Issue preclusion means that a party cannot litigate the same issue in a subsequent action. [ 3 ] Issue preclusion means that a party in a previous proceeding cannot litigate an identical issue that was adjudicated and had the judgment as an integral ...
Splitting, also called binary thinking, dichotomous thinking, black-and-white thinking, all-or-nothing thinking, or thinking in extremes, is the failure in a person's thinking to bring together the dichotomy of both perceived positive and negative qualities of something into a cohesive, realistic whole.
Lumpers and splitters are opposing factions in any academic discipline that has to place individual examples into rigorously defined categories.The lumper–splitter problem occurs when there is the desire to create classifications and assign examples to them, for example, schools of literature, biological taxa, and so on.
Narcissistic defenses are among the earliest defense mechanisms to emerge, and include denial, distortion, and projection. [4] Splitting is another defense mechanism prevalent among individuals with narcissistic personality disorder, borderline personality disorder, and antisocial personality disorder—seeing people and situations in black and white terms, either as all bad or all good.
Knick v. Township of Scott, Pennsylvania, No. 17-647, 588 U.S. ___ (2019), was a case before the Supreme Court of the United States dealing with compensation for private property owners when the use of that property is taken from them by state or local governments, under the Due Process Clause and the Takings Clause of the Fifth Amendment to the United States Constitution.