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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 ...
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.
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
Double jeopardy is a common concept in criminal law – in civil law, a similar concept is that of res judicata. The double jeopardy protection in criminal prosecutions bars only an identical prosecution for the same offence except when the defendant is a servicemember as the courts have ruled that the military courts are a separate sovereign ...
BUENOS AIRES (Reuters) -An Argentine court dismissed aggravated rape charges against French international rugby players Hugo Auradou and Oscar Jegou on Tuesday, drawing a line under a dark period ...
The plea of autrefois acquit is a form of estoppel by which the state cannot reassert the guilt of the accused after they have been acquitted. [3] The plea prevents inconsistent decisions and the reopening of litigation. [3] The limitations of these pleas have been circumscribed by various legal cases and appeals. [4]
A New York appeals court judge has denied President-elect Donald Trump's request to delay the Jan. 10 sentencing in his criminal hush money case. Trump’s sentencing will proceed as planned on ...