Res Judicata in United States
Res Judicata Definition
A legal or equitable Issue which has been decided by a court of competent jurisdiction. To constitute a matter res judicata, so that, in a subsequent action, it cannot be drawn in question, (1) the court deciding the issue must have had jurisdiction (10 Pet. [U. S.] 474) ; (2) there must be identity of the subject matter of the action (7 Johns. [N. Y.] 20); (3) identity of the cause of action (8 Conn. 268; 3 Pick. [Mass.] 429), though the form of action may be different if it be of the same general class, or if the remedies be concurrent (12 Gray [Mass.] 428; 28 Minn. 450; 82 Ky. 505); (4) identity of parties (4 Mass. 441; 5 Me. 410; 23 Barb. [N. Y.] 464), but privies of the parties are bound (see “Privy;” 52 N. H. 162; 98 N. Y. 351);
(5) identity of capacity in which they sue or are sued (4 C. B. 884; 21 Ala. 813);
(6) and there must have been a final determination of the issues (143 Mass. 413; 104 111. 369) ; (7) on the merits (91 U. S. 526; 42 Mich. 459); (8) upon the particular issue (7 Gray [Mass.] 502), but the adjudication is final upon every matter which might have been litigated under the issues made (102 N. Y. 452). In Proceedings In Rem. Identity of parties is not essential, the adjudication attaching to the res. See 1 Mete. (Mass.) 204.
Res Judicata in Foreign Legal Encyclopedias
| Link | Description |
|---|---|
| Res Judicata | Res Judicata in the World Legal Encyclopedia. |
| Res Judicata | Res Judicata in the European Legal Encyclopedia. |
| Res Judicata | Res Judicata in the Asian Legal Encyclopedia. |
| Res Judicata | Res Judicata in the UK Legal Encyclopedia. |
| Res Judicata | Res Judicata in the Australian Legal Encyclopedia. |
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Browse the American Encyclopedia of Law for Res Judicata
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| Res Judicata | Res Judicata in the Family Law Portal of the American Encyclopedia of Law. |
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| Res Judicata | Res Judicata in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
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Legal Issue for Attorneys
A legal or equitable Issue which has been decided by a court of competent jurisdiction. To constitute a matter res judicata, so that, in a subsequent action, it cannot be drawn in question, (1) the court deciding the issue must have had jurisdiction (10 Pet. [U. S.] 474) ; (2) there must be identity of the subject matter of the action (7 Johns. [N. Y.] 20); (3) identity of the cause of action (8 Conn. 268; 3 Pick. [Mass.] 429), though the form of action may be different if it be of the same general class, or if the remedies be concurrent (12 Gray [Mass.] 428; 28 Minn. 450; 82 Ky. 505); (4) identity of parties (4 Mass. 441; 5 Me. 410; 23 Barb. [N. Y.] 464), but privies of the parties are bound (see “Privy;” 52 N. H. 162; 98 N. Y. 351);
(5) identity of capacity in which they sue or are sued (4 C. B. 884; 21 Ala. 813);
(6) and there must have been a final determination of the issues (143 Mass. 413; 104 111. 369) ; (7) on the merits (91 U. S. 526; 42 Mich. 459); (8) upon the particular issue (7 Gray [Mass.] 502), but the adjudication is final upon every matter which might have been litigated under the issues made (102 N. Y. 452). In Proceedings In Rem. Identity of parties is not essential, the adjudication attaching to the res. See 1 Mete. (Mass.) 204.
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Notice
This definition of Res Judicata Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..
Res Judicata
United States Constitution
According to the Encyclopedia of the American Constitution, about its article titled 200 RES JUDICATA(Latin: “The thing has been adjudicated The term is used broadly to refer to two kinds of effect given to a court’s judgment: extinguishing claims and thus barring future litigation (“claim preclusion or conclusively determining certain issues that might arise in future litigation
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Res Judicata: The Limits of Procedural Liberality
There is some information in the United States Procedure Law section of this American Legal Encyclopedia about Res Judicata: The Limits of Procedural Liberality. For a wide overview, read about Effect of the Judgment
Res Judicata and the Rules of Joinder
There is some information in the United States Procedure Law section of this American Legal Encyclopedia about Res Judicata and the Rules of Joinder. For a wide overview, read about Effect of the Judgment
Res Judicata in Federal Practice and Procedure
This section provides comprehensive coverage of the main aspects of res judicata in relation to federal procedure, including an analysis of the rules as interpreted and applied by the federal courts and affected by related federal statutes and regulations.
Federal Jurisdiction and Related Matters in relation to this Topic
Find out some information in this legal Encyclopedia rel
ating to this topic and the Federal Jurisdiction and related matters.
Meaning of Res Judicata
In plain or simple terms, Res Judicata means: A rule of civil law that once something has been decided in court, it can’t be fought out again in court.
Res Judicata (in Disability Claims)
Some information about Res Judicata in this context.
Res Judicata (Decisions)
This section introduces, discusses and describes the basics of res judicata. Then, cross references and a brief overview about Decisions is provided. Finally, the subject of Agency Adjudication in relation with res judicata is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.
Res Judicata (Effect of Judgments)
This section introduces, discusses and describes the basics of res judicata. Then, cross references and a brief overview about Effect of Judgments is provided. Finally, the subject of Judgments in relation with res judicata is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.
Res Judicata (Preclusion of Judgments)
This section introduces, discusses and describes the basics of res judicata. Then, cross references and a brief overview about Preclusion of Judgments is provided. Finally, the subject of Judgments in relation with res judicata is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.
Resources
See Also
- Federal Civil Procedure
- Federal Criminal Procedure
- Federal Appellate Procedure
Meaning of Res Judicata
In plain or simple terms, Res Judicata means: A rule of civil law that once something has been decided in court, it can’t be fought out again in court.
Res Judicata (in Disability Claims)
Some information about Res Judicata in this context.
Resources
See Also
jeopardy.
Further Reading (Articles)
Res Judicata revisited by the Fifth Circuit, American Bankruptcy Institute Journal; June 1, 2000; Cerone, Rudy J
Res Judicata Does Not Bar Patent Infringement Litigation Where The Accused Devices Did Not Exist At The Outset Of The Prior Litigation., Mondaq Business Briefing; May 2, 2012;
Who Decides Res Judicata Issues?, Dispute Resolution Journal; February 1, 2007
Res Judicata Effects of a Prior Judgment and Prior Award, Dispute Resolution Journal; February 1, 1999; Zuckerman, Susan C.
`Res Judicata’ Bars Dr. From Suing Hospital a Second Time.(Brief Article), Medical Law’s Regan Report; June 1, 2001; Tammelleo, A. David
Title VII Claims Barred By Res Judicata Effect Of Arbitrator’s Civil Service Ruling.(Case overview), Mondaq Business Briefing; October 6, 2011; Tuschman, Richard
Res judicata does not bar taxpayer from claiming NOL carrybacks.(net operating loss), The Tax Adviser; November 1, 2009; Beavers, James
Res Judicata Precludes Declaratory Judgment Claim of Invalidity., Mondaq Business Briefing; July 7, 2006;
Georgia Supreme Court Concludes that Courts, Not Arbitrators, Should Decide Whether Res Judicata Bars Arbitration.(Bryan County v. Yates Paving & Grading Co.), Mondaq Business Briefing; January 9, 2007
Trade Secret Claim Barred by Statute of Limitations; Inventorship Claim Not Necessarily Barred by Res Judicata., Mondaq Business Briefing; June 14, 2010;
Res Judicata Not a Bar to Beneficiary Liability, Business Finance (Online Exclusive); March 28, 2014
Plaintiff should not be deprived of access to the court by res judicata doctrine where injustice might result, The Irish Times; November 15, 2004
Scope of Res Judicata Examined in Trademark Registration Opposition.(Case overview), Mondaq Business Briefing; July 10, 2006
Res Judicata Applies to FOS Complainants, Mondaq Business Briefing; March 10, 2014; Crorie, Michelle
Court of Appeal for Ontario Rejects a “Race to Res Judicata, Mondaq Business Briefing; February 22, 2014; Kestenberg, Marc
MN: Terminated RN Sues Hospital Under ADA: `Res Judicata’ & `Claim Preclusion’ Not Applicable., Nursing Law’s Regan Report; February 1, 2001; Tammelleo, David A.
The Second Opinion: The BCCA Clarifies the Doctrine of Res Judicata, Mondaq Business Briefing; February 28, 2013
Collateral Estoppel and Res Judicata, Dispute Resolution Journal; November 1, 2004
Res Judicata and the Bar on Double Deductions, Business Finance (Online Exclusive); September 4, 2013
Res Judicata.(Short Story), Bilingual Review; January 1, 2001; Olivas, Daniel A.
Res Judicata in State Statute Topics
Introduction to Res Judicata (State statute topic)
The purpose of Res Judicata is to provide a broad appreciation of the Res Judicata legal topic. Select from the list of U.S. legal topics for information (other than Res Judicata).
Res Judicata: The Limits of Procedural Liberality
There is some information in the United States Procedure Law section of this American Legal Encyclopedia about Res Judicata: The Limits of Procedural Liberality. For a wide overview, read about Effect of the Judgment
Res Judicata and the Rules of Joinder
There is some information in the United States Procedure Law section of this American Legal Encyclopedia about Res Judicata and the Rules of Joinder. For a wide overview, read about Effect of the Judgment
Res Judicata in Federal Practice and Procedure
This section provides comprehensive coverage of the main aspects of res judicata in relation to federal procedure, including an analysis of the rules as interpreted and applied by the federal courts and affected by related federal statutes and regulations.
Federal Jurisdiction and Related Matters in relation to this Topic
Find out some information in this legal Encyclopedia relating to this topic and the Federal Jurisdiction and related matters.
Meaning of Res Judicata
In plain or simple terms, Res Judicata means: A rule of civil law that once something has been decided in court, it can’t be fought out again in court.
Res Judicata (in Disability Claims)
Some information about Res Judicata in this context.
Resources
See Also
- Federal Civil Procedure
- Federal Criminal Procedure
- Federal Appellate Procedure
Meaning of Res Judicata
In plain or simple terms, Res Judicata means: A rule of civil law that once something has been decided in court, it can’t be fought out again in court.
Res Judicata (in Disability Claims)
Some information about Res Judicata in this context.
Resources
Further Reading
- Information about Res Judicata in the Gale Encyclopedia of American Law.
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