res judicata , auch: claim preclusion

Second, the general rules of res judicata must be applied to the case.

The doctrine of res judicata applies to an entire case.

The principle of res judicata may be used either by a judge or a defendant.

Any question regarding the plan which could have been raised may be barred by res judicata.

A court will use res judicata to deny reconsideration of a matter.

There is no res judicata or collateral estoppel in science.

Res judicata is intended to strike a balance between competing interests.

Res judicata is a term of general application.

Discretion cannot be said to be res judicata where there is incompetence.

However, in the two said conventions, the application of res judicata is restricted to criminal proceedings only.

In effect, the determination made in the divorcing state is res judicata.

Res judicata was a special form of estoppel.

For res judicata to be binding, several factors must be met:

The scope of an earlier judgment is probably the most difficult question that judges must resolve in applying res judicata.

They affirmed the district court unanimously, citing res judicata.

History, however, does not acknowledge res judicata.

Utah Construction established a two-part test to determine whether res judicata effect should be given to an administrative determination.

In the case of res judicata, the matter cannot be raised again, either in the same court or in a different court.

The court here also dismissed the complaint, but on the grounds that "the res judicata effect" precludes this separate claim in a different state.

Extinguishment can be accomplished through res judicata.

The civil law use of issue estoppel or res judicata (literally translated as "the fact has been decided") is relatively uncontroversial.

For the principles of res judicata to apply, administrative determinations, like court judgments, must be valid, final and on the merits.

When the lawsuit is finally resolved, or the allotted time to appeal has expired, the matter is res judicata.

Related doctrines include res judicata and, in the criminal context, a plea in bar of double jeopardy.

Once the appeals process is exhausted or waived, res judicata will apply even to a judgment that is contrary to law.