res judicata


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Related to res judicata: Issue preclusion

res judicata (rās´ joo´dikä´tə),

adj decided or determined by judicial power; a thing judicially decided.
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187) They argued that it was a maxim of Scottish law that "no person is bound to answer as a defender in any case, or with any pursuer where an absolvitor will not afford him an exceptio res judicata against a similar process, raised at the instance of any other person.
The Court then went on to review several post-Singleton state and federal decisions applying its Singleton res judicata reasoning to statute of limitations arguments.
Singleton, he wrote, held that a second foreclosure was "not necessarily" barred by res judicata.
In other words, res judicata normally does not apply to a motion to
Conversely, if an individual plaintiff loses, res judicata does not preclude other rightholders from raising identical challenges to the same legal provision, (217) perhaps with different adjudicative or legislative facts, or in different courts or before a different judge.
The policy underlying res judicata is that there must be some finality of litigation.
This case involves the application of res judicata while Falzone involved the application of collateral estoppel.
A further procedural issue to be considered is whether or not a state party to an ICJ proceeding may raise a res judicata argument when faced with a finding from the ICC.
According to the doctrine of res judicata, a court's
found that the judgment of the Quebec Court of Appeal on the interpretation of the Act had acquired the status of res judicata, having the authority of a final judgment.
Regarding the resolution of the merits of the dispute, may be classified as formal res Judicata--incident about the Supreme Court sentence with fulcrum in article 267 of the Code of Civil Procedure, or clearly, that does not resolve the merits of the deal--or material res judicata, which focuses on the decision to judge merit, on the basis of article 269 of the Code of Civil Procedure.
The Court found, however, that as the matter in question was an internal disciplinary hearing and the proceedings were not therefore capable of being judicial in nature, res judicata could not apply and instigating further action against the employees was found to be fair when viewing the disciplinary process and fairness of the subsequent dismissals as a whole.