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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.
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 ...
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"
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 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.
Semtek International had also filed a claim in Maryland's state court. The court here also dismissed the complaint, but on the grounds that "the res judicata effect" precludes this separate claim in a different state. Since another federal court had dismissed a similar action already, Semtek could not proceed in a different court on virtually ...
Bob Zaugh was one of many young men who resisted the U.S. military draft during the Vietnam War. How a tough federal judge handled his case changed both of their lives.
Sturgell, 553 U.S. 880 (2008), was a United States Supreme Court case involving res judicata. It held that a "virtually represented" non-party cannot be bound by a judgment. It held that a "virtually represented" non-party cannot be bound by a judgment.