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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.
In a unanimous decision penned by Justice Sonia Sotomayor, the Court's central line of reasoning was whether "claim preclusion applies to defenses raised in a later suit" as detailed in the Court's opinion, and determining whether defense preclusion falls within the lines of res judicata. Highlighting that res judicata involves both issue ...
A judgment will be denied recognition as res judicata and there can therefore be no question of its enforcement if any of the defences allowed by English international private law are made out. The English court does not review the merits of the foreign judgment. One cannot claim that the foreign court failed to consider facts.
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]
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.
The English court should trust the Spanish court to apply Article 27(2) (Blanke: 2004). The question is what constitutes the "same cause". In Gubisch Maschinenfabrik v Palumbo (1987) [ 6 ] (Hartley: 1988) and The Tatry v The Maciej Rataj (1994), [ 7 ] the test is whether the factual basis of the claim and the laws to be applied are the same ...
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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.