res adjudicata
Học thuậtThân thiện
Definition
- Noun:
- A matter already settled in court; cannot be raised again: A legal doctrine stating that a final judgment on the merits by a competent court is conclusive and prevents the same parties from re-litigating the same cause of action in a future lawsuit.
Usage
- This term is used in legal contexts to describe the principle that a dispute, once finally adjudicated, cannot be pursued again. It is a fundamental concept for judicial finality and efficiency.
- It is often used in formal legal writing and argumentation.
Examples
- The defendant's motion to dismiss was granted based on the principle of res adjudicata, as the plaintiff had already lost a nearly identical case.
- Once the court issued its final judgment, the matter became res adjudicata, barring any further claims on the same issue between the parties.
Advanced Usage
- Collateral estoppel: A related doctrine, often discussed alongside res adjudicata, which prevents the re-litigation of specific issues of fact or law that have already been determined in a prior case.
- Claim preclusion: This is a modern, more descriptive term often used synonymously with res adjudicata.
Variants and Related Words
- Res judicata: This is the more common and standard Latin spelling of the term. "Res adjudicata" is a variant.
- Adjudicated (verb): The act of making a formal judgment or decision about a problem or disputed matter.
- Adjudication (noun): The legal process of resolving a dispute or settling a case.
Synonyms
- Claim preclusion: The contemporary legal term for the same doctrine.
- Matter decided: A plain English paraphrase of the Latin term.
Notes
- This is a technical legal term of art. Its correct application depends on specific jurisdictional rules and the fulfillment of certain conditions (e.g., a final judgment on the merits, identity of parties, identity of cause of action).
- It is primarily used by lawyers, judges, and legal scholars.
Noun
- a matter already settled in court; cannot be raised again