res judicata

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res judicata (rās´ joo´dikä´tə),

adj decided or determined by judicial power; a thing judicially decided.
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1993) (denying claim preclusion under the "same evidence" test); Agriserve, Inc.
This Comment proposes that claim preclusion and stays are the proper procedural tools to achieve these results.
1984) ("[T]he term 'res judicata' is used generically to refer to both collateral estoppel, or issue preclusion, and res judicata, or claim preclusion.
The court began by discussing Mason's arguments in favor of claim preclusion, where she argued that the instant action was barred on the grounds of res judicata, collateral estoppel, claim-splitting, and the Full Faith and Credit Clause of the U.
com igualdade processual e menos preclusoes internas para alegacoes e producao de prova, a claim preclusion aumentou sua intensidade, acompanhando a concepcao de que nao apenas o que foi efetivamente decidido, mas tambem o que poderia ter sido, deveria adquirir estabilidade.
The arbitrator decided that claim preclusion did not apply because the Cirilli plaintiffs had not shown privity with the Reis plaintiffs.
1st DCA 2011), when it wrote, "'res judicata' itself is a venerable and broad term that refers to preclusion generally and encompasses both claim preclusion and issue preclusion (i.
I also wrote that the concept of claim preclusion is also referred to as "the rule against splitting a [single] cause of action.
The present Article deals mainly with claim preclusion and especially with the rule against splitting a claim/cause of action.
115) Toyota asserted that the ITC investigation involved the same claim as the prior district court litigation between the parties and that no exception to claim preclusion applies.
Policy Arguments Against Enforcement of Claim Preclusion in
to apply traditional rules of claim preclusion against a background of