Res Judicata - Explained
What is Res Judicata?
Written by Jason Gordon
Updated at September 24th, 2021
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Table of Contents
What is Res Judicata?What is Res Judicata in civil trials?Discussion QuestionPractice QuestionAcademic ResearchWhat is Res Judicata?
Res Judicata is a legal expression meaning that the civil legal dispute between the parties to litigation is decided.
Return to: CIVIL LITIGATION Next Chapter: ALTERNATIVE DISPUTE RESOLUTION
How does Res Judicata Work?
Res Judicata is a principle prevents successive lawsuits involving the same facts or occurrence.
A plaintiff may not sue the defendant for the same conduct under the same or a separate cause of action.
The separate cause of action should have been raised during the initial trial. It brings the dispute to a conclusion.
Related Topics
- Who are the parties to a lawsuit?
- What is standing to sue?
- Venue
- What is personal jurisdiction?
- What is a class action?
- What are the pleadings?
- What is discovery?
- What is the scope of discovery?
- What are motions and how are they used?
- What are frivolous cases?
- What is the process of selecting a jury?
- What are the steps involved in a civil trial?
- What is the burden of proof in a civil trial?
- How is a civil trial decided?
- Defenses in Torts
- Equitable Defenses
- Compensatory Damages
- Punitive Damages
- Replevin
- What is joint and several liability?
- What is the process for appeal?
- How do parties enforce a civil judgment?
- What is res judicata
Discussion Question
Compare the principle or res judicata to the principle of double jeopardy in criminal cases. How are they similar? Different?
- The two principles are similar in many ways. In effect, they both prevent the retrial of the same case (or issues in a case) that had previously been heard and determined by the court. The court cannot listen to the matter again if it is based on the same facts or occurrence.
Practice Question
Tom is suing Isabelle for assault. Isabelle allegedly approached Tom in a public restaurant and slapped him in the face. The jury returns a verdict of not liable on the grounds that Isabelle was temporarily incapacitated by rage at seeing her boyfriend having dinner with another woman. Tom is outraged by the verdict and seeks to sue Isabelle a second time for battery. Can Tom sue Isabelle for battery after losing the first trial alleging assault?
- Tom cannot bring an action against Isabelle again. This is based on the doctrine of Res Judicata. An action for battery would be based upon the same conduct that was adjudicated in the prior trial.
Academic Research
- Bodart, Bruno, The Social Value of the Doctrine of Res Judicata: An Economic Analysis (May 01, 2018). Available at SSRN: https://ssrn.com/abstract=3271743 or http://dx.doi.org/10.2139/ssrn.3271743