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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.
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 ...
res judicata: judged thing: A matter which has been decided by a court. Often refers to the legal concept that once a matter has been finally decided by the courts, it cannot be litigated again (cf. non bis in idem and double jeopardy). res, non verba "actions speak louder than words", or "deeds, not words"
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
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 ...
According to Khampepe, the interests of justice and the rule of law demanded that only wholly exceptional circumstances sufficed to justify a departure from the doctrines of res judicata and functus officio, or else the administration of justice would be compromised by "chaos". Zuma's case did not meet this threshold.
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[107] Once a judgment has been executed, it becomes res judicata. [108] A judgment will be enforced once it becomes final subject to some exceptions. [109] A judgment can only be enforced once a certified copy imprinted with an order of enforcement is provided and the affected parties have been notified. [110]