Doctrines
Res Judicata
Also Known As Claim Preclusion
Citation Formats
General Reference
APA Style
BibTeX
Origin Long-standing in Western legal tradition; discussed in dedicated legal treatises since at least the sixteenth century, including Angelo Gambiglioni's De re iudicata (1579).
Res judicata, Latin for a matter judged, is the doctrine of claim preclusion: once a court issues a final judgment on the merits, the same parties are barred from relitigating the same cause of action. It serves finality and judicial economy, and in common law systems is distinguished from collateral estoppel, or issue preclusion, which bars relitigation of a specific issue rather than an entire claim. Its scope differs by legal family: common law jurisdictions apply it broadly to any claim arising from the litigated subject matter, while civil law jurisdictions such as Germany and Japan apply it more narrowly, tied to differing theories of what constitutes a single cause of action.
Facts
Origin PeriodLong-standing in Western legal tradition; discussed in dedicated legal treatises since at least the sixteenth century, including Angelo Gambiglioni's De re iudicata (1579). 1 Core PrincipleA losing plaintiff cannot bring another suit against the same defendant on identical claims (bar), and a winning plaintiff cannot sue the same defendant again on the same cause of action for additional recovery (merger). 2 Cross-Tradition Connections
Associated With
In Legal System
Sources
1. Res Judicata (Wikipedia)
WikipediaDefinition and Jurisdictional Differences sectionsQuote, Definition and Jurisdictional Differences sections
Res judicata or res iudicata, also known as claim preclusion, is the Latin term for judged matter, and refers to either of two concepts in common law civil procedure: a case in which there has been a final judgment and that is no longer subject to appeal; and the legal doctrine meant to bar (or preclude) relitigation of a claim between the same parties.
1. Res Judicata (Wikipedia)
WikipediaRationale section, Justice Potter Stewart on res judicata and collateral estoppelQuote, Rationale section, Justice Potter Stewart on res judicata and collateral estoppel
Under res judicata, a final judgment on the merits of an action precludes the parties ... from re-litigating issues that were or could have been raised in that action. Under collateral estoppel, once a court has decided an issue of fact or law necessary to its judgment, that decision may preclude re-litigation of the issue in a suit on a different cause of action involving a party to the first cause.
1. Res Judicata (Wikipedia)
WikipediaIn Legal System: Common Law, Jurisdictional Differences sectionView the Source 2. Res Judicata (Cornell LII Wex)
Cornell Law School Legal Information InstituteBar and Merger sectionQuote, Bar and Merger section
Res judicata is a Latin phrase that translates to 'a matter judged.'
2. Res Judicata (Cornell LII Wex)
Cornell Law School Legal Information InstituteAssociated With: Estoppel, Important Note section (distinguishing claim preclusion from issue preclusion)View the Source Reader Challenges (0 open reader challenges)
No disputes yet. Spotted an error or a better source? Open the first one.
Sign in to dispute this or suggest a correction.
View At A Past Year
The atlas records no dated fact of its own for this entry, so there is no other year to choose.