Judicial Dictionary - R
Judicial Dictionary
Legislative Dictionary
Res Judicata
Category | R |
---|---|
Title | Res Judicata |
Details | Res judicata (derived from "res iudicata", Latin for "a thing decided"), more commonly res judicata in legal usage, is a common law doctrine meant to bar relitigation of cases between the same parties in court. In other words, a rule of civil law that once a matter has been litigated and final judgment has been rendered by the trial court, the matter cannot be relitigated by the parties in the same court, or any other trial court. A court will use res judicata to deny reconsideration of a matter. The rule of res judicata is enacted in section 11 of the Code of Civil Procedure, 1908 (v of 1908). The rule of estoppel by res judicata, which is a rule of evidence, is that where a final decision has been pronounced by a judicial tribunal of competent jurisdiction over the parties to and the subject matter of the litigation, any party or privy to such litigation as against any other party or privy is estopped in any subsequent litigation from disputing or questioning such decision on the merits. [Carl-Zess-Stiftung vs. Rayner & Keeler Ltd. (1966)2 All ER 536] |
Created On | May 2, 2011, 5:44 AM |
Hits | 588 |