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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 ...
United States v. Throckmorton (98 U.S. 61) is an 1878 decision of the U.S. Supreme Court on civil procedure, specifically res judicata, in cases heard at equity.A unanimous Court affirmed an appeal of a decision by the District Court for California upholding a Mexican-era land claim, holding that collateral estoppel bars untimely motions to set aside the verdict where the purportedly ...
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]
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 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 ...
Once the court has been satisfied that it is right to recognise a foreign judgment as settled, known as res judicata, the party may then seek to enforce the foreign judgment. In order for a judgment to be considered res judicata, it must be final and conclusive in the court which pronounced it. [41]
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.
EU law, Res judicata: The doctorine of Res judicata (preventing a party from re-litigating any claim) did not mean that decision of the General Court of the European Union was binding on domestic proceedings as not all rights of appeal had been exhausted. [45] Alexander Devine Children's Cancer Trust v Housing Solutions Ltd [2020] UKSC 45: 6 ...