trùng tố
Definition
- Noun (Legal Term):
- Lis pendens / Litispendence: A legal doctrine or situation where the same dispute between the same parties is pending in two different courts at the same time. It refers to the principle that a second court should not exercise jurisdiction over a case already under active adjudication in another competent court.
Usage Examples
- Noun:
- Tòa án bác đơn kiện vì vụ án đã rơi vào tình trạng trùng tố. (The court dismissed the lawsuit because the case had already become a matter of lis pendens.)
- Luật sư viện dẫn nguyên tắc trùng tố để yêu cầu đình chỉ vụ án thứ hai. (The lawyer invoked the principle of litispendence to request a stay of the second lawsuit.)
Advanced Usage
- The concept is primarily used in civil procedure and private international law to prevent conflicting judgments, judicial inefficiency, and harassment of defendants through duplicate litigation.
Variants and Related Words
- Sự trùng tố: A noun phrase emphasizing the state or condition of being .
- Sự trùng tố giữa hai tòa án được xem xét cẩn thận. (The litispendence between the two courts was carefully considered.)
Synonyms
- Lis pendens (Latin term used in English law).
- Litispendence (the state of pending litigation).
- Pending suit (general term for a lawsuit in progress).
Related Legal Concepts
- Res judicata: A related but distinct doctrine meaning "a matter already judged," which prevents re-litigation of a claim after a final judgment has been rendered, whereas applies while cases are still pending.
- Forum non conveniens: A discretionary power of a court to decline to hear a case if there is a more appropriate forum available.