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res judicata

noun res ju·di·ca·ta \ˈrēz-ˌjü-di-ˈkä-tə\

Definition of res judicata

  1. :  a matter finally decided on its merits by a court having competent jurisdiction and not subject to litigation again between the same parties

Origin and Etymology of res judicata

Latin, judged matter

First Known Use: 1693

Law Dictionary

res judicata

noun res ju·di·ca·ta \ˈrēz-ˌjü-di-ˈkä-tə, ˈrās-ˌyü-\

Legal Definition of res judicata

  1. 1 :  a thing, matter, or determination that is adjudged or final: as a :  a claim, issue, or cause of action that is settled by a judgment conclusive as to the rights, questions, and facts involved in the dispute b :  a judgment, decree, award, or other determination that is considered final and bars relitigation of the same matter <the trial court interpreted the earlier order as a dismissal with prejudice and thus res judicata as to the subsequent complaint — Southeast Mortg. Co. v. Sinclair, 632 So. 2d 677 (1994)>; also :  the barring effect of such a determination

  2. 2 :  a principle or doctrine that generally bars relitigation or reconsideration of matters determined in adjudication <the doctrine of res judicata precludes the presentation of issues in a post-conviction petition which have previously been decided upon direct appeal — Stowers v. State, 657 N.E.2d 194 (1995)>: as a :  a broad doctrine in civil litigation that requires and includes the barring of relitigation of settled matters under merger, bar, collateral estoppel, and direct estoppel :  former adjudication — compare bar 3b, estoppel by judgment at estoppel 2a, merger 4 b :  a specific doctrine that precludes relitigation of claims and issues arising from the same cause of action between the same parties and their privies after a final judgment on the merits by a competent tribunal or after some other final determination having the same effect <res judicata precludes only subsequent suits on the same cause of action; collateral estoppel may preclude relitigation of issues in later suits on any cause of action — J. H. Friedenthal et al.> —called also claim preclusion

  3. 3 :  an affirmative defense based on res judicata

Origin and Etymology of res judicata

Latin, judged matter

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