0901 Module 01 CPC 06 Res Judicata and Res Subjudice

 

Res Judicata and Res Subjudice

 

Res judicata and res subjudice are two legal doctrines that prevent the same case from being relitigated. Res judicata is a broader doctrine that applies to cases that have already been decided by a court. Res subjudice applies to cases that are still pending before a court.

·       Res judicata is a Latin phrase that means "a matter already judged." It is a legal doctrine that prevents a party from relitigating a case that has already been decided by a court. The doctrine of res judicata is based on the principle that it is unfair to allow a party to relitigate a case that has already been decided.

·       Res subjudice is a Latin phrase that means "a matter under judgment." It is a legal doctrine that prevents a party from relitigating a case that is still pending before a court. The doctrine of res subjudice is based on the principle that it is unfair to allow a party to relitigate a case while it is still pending before a court.

 

 

Res Judicata

 

Purpose:

The purpose of the doctrine of res judicata is to prevent the same case from being relitigated multiple times. This is done to promote judicial efficiency and finality. It would be unfair to allow a party to relitigate a case that has already been decided, as this would require the parties to go through the entire litigation process again, wasting time and resources.

The doctrine of res judicata, also known as claim preclusion, is a legal principle that prevents a party from relitigating a case that has already been decided by a court. The purpose of this doctrine is to promote judicial efficiency and finality. It would be unfair to allow a party to relitigate a case that has already been decided, as this would require the parties to go through the entire litigation process again, wasting time and resources.

Here are some of the specific ways in which the doctrine of res judicata promotes judicial efficiency and finality:

·       It prevents the parties from relitigating the same issues multiple times. This saves the parties time and money, and it also frees up the courts to hear other cases.

·       It provides certainty and predictability for the parties. Once a case has been decided, the parties can be confident that the issue will not be relitigated. This helps to promote stability in the law.

·       It discourages frivolous lawsuits. Parties are less likely to file a lawsuit if they know that they will not be able to relitigate the same issue again.

The doctrine of res judicata is an important legal principle that helps to ensure that the judicial system is efficient and fair. It prevents the same case from being relitigated multiple times, which saves time and resources. The doctrine also helps to ensure that finality in judgments is respected.

Here are some additional things to keep in mind about the purpose of res judicata:

·       The purpose of res judicata is not to prevent the parties from ever challenging the judgment. The parties can still appeal the judgment or file a motion for a new trial. However, the doctrine of res judicata will prevent the parties from relitigating the same issues in a new case.

·       The doctrine of res judicata can be waived by the parties. This means that the parties can agree to relitigate a case that has already been decided.

·       The doctrine of res judicata can be overcome in certain circumstances, such as when there is new evidence or when there has been a change in the law.

 

 

 Essential Elements:

The essential elements of res judicata are:

• There must be a final judgment on the merits of the case.
• The parties to the second case must be the same as the parties to the first case.
• The second case must involve the same cause of action as the first case.
• The second case must arise out of the same transaction or occurrence as the first case.

 

 

 Final Judgment on The Merits of The Case

This means that the judgment must have been made on the substance of the case, not on a procedural issue. For example, if a case is dismissed for lack of jurisdiction, there is no final judgment on the merits and res judicata will not apply.

 

 

 Same Parties

The parties to the second case must be the same as the parties to the first case. This means that the parties must be the same individuals or entities, and they must have the same interests in the case.

 

 

 Same Cause of Action

The second case must involve the same cause of action as the first case. This means that the second case must arise from the same set of facts and legal claims as the first case.

 

 

 Same Transaction or Occurrence

The second case must arise out of the same transaction or occurrence as the first case. This means that the second case must involve the same set of events that gave rise to the first case.

It is important to note that these are just the essential elements of res judicata. There may be other factors that a court will consider in determining whether res judicata applies to a particular case. For example, the court may consider whether the parties to the second case had a full and fair opportunity to litigate the case in the first case.

 

 

 Exceptions:

There are a few exceptions to the doctrine of res judicata. These exceptions include:

• The first judgment was obtained by fraud or collusion.
• The first judgment was based on an invalid claim or defense.
• There has been a change in the law since the first judgment was rendered.
• The second case involves new evidence that was not available in the first case.

Here are some additional things to keep in mind about res judicata:

• Res judicata can be waived by the parties to a case. This means that the parties can agree to relitigate a case that has already been decided.
• Res judicata can be overcome in certain circumstances, such as when there is new evidence or when there has been a change in the law.

The doctrine of res judicata is an important legal principle that helps to ensure that the judicial system is efficient and fair. It prevents the same case from being relitigated multiple times, which saves time and resources. The doctrine also helps to ensure that finality in judgments is respected.

 

 

Res Subjudice

         Res subjudice is a Latin phrase that means "a matter under judgment." It is a legal doctrine that prevents a party from relitigating a case that is still pending before a court. The doctrine of res subjudice is based on the principle that it is unfair to allow a party to relitigate a case while it is still pending before a court.

 

 

Purpose:

The purpose of the doctrine of res subjudice is to prevent the same case from being relitigated multiple times. This is done to promote judicial efficiency and finality. It would be unfair to allow a party to relitigate a case that is still pending before a court, as this would require the parties to go through the entire litigation process again, wasting time and resources.

 

The purpose of the doctrine of res subjudice is to prevent the same case from being relitigated multiple times. This is done to promote judicial efficiency and finality. It would be unfair to allow a party to relitigate a case that is still pending before a court, as this would require the parties to go through the entire litigation process again, wasting time and resources.

Here are some of the specific ways in which the doctrine of res subjudice promotes judicial efficiency and finality:

·       It prevents the parties from relitigating the same issues multiple times. This saves the parties time and money, and it also frees up the courts to hear other cases.

·       It provides certainty and predictability for the parties. Once a case has been decided, the parties can be confident that the issue will not be relitigated. This helps to promote stability in the law.

·       It discourages frivolous lawsuits. Parties are less likely to file a lawsuit if they know that they will not be able to relitigate the same issue again.

The doctrine of res subjudice is an important legal principle that helps to ensure that the judicial system is efficient and fair. It prevents the same case from being relitigated multiple times, which saves time and resources. The doctrine also helps to ensure that finality in judgments is respected.

Here are some additional things to keep in mind about the purpose of res subjudice:

·       The purpose of res subjudice is not to prevent the parties from ever challenging the judgment. The parties can still appeal the judgment or file a motion for a new trial. However, the doctrine of res subjudice will prevent the parties from relitigating the same issues in a new case.

·       The doctrine of res subjudice can be waived by the parties. This means that the parties can agree to relitigate a case that is still pending before a court.

·       The doctrine of res subjudice can be overcome in certain circumstances, such as when there is new evidence or when there has been a change in the law.

 

 

Essential elements:

The essential elements of res subjudice are:

• There must be a pending case.
• The second case must be substantially the same as the pending case.
• The second case must interfere with the pending case.

 

 

Pending Case: 

There must be a case that is currently pending before a court. This means that the case must have been filed and the parties must have been served with process.

 

Substantially the Same:

The second case must be substantially the same as the pending case. This means that the second case must involve the same parties, the same claims, and the same issues.

 

 

Interfere with the Pending Case:

The second case must interfere with the pending case. This means that the second case must have the potential to disrupt the pending case or to prejudice the parties.

It is important to note that these are just the essential elements of res subjudice. There may be other factors that a court will consider in determining whether res subjudice applies to a particular case. For example, the court may consider whether the second case was filed in bad faith.

Here are some examples of cases that may be considered res subjudice:

·       A case filed in state court that is substantially the same as a case that is pending in federal court.

·       A case filed by a plaintiff who is also a defendant in a pending case.

·       A case that is filed in an attempt to prevent a party from enforcing a judgment that has been entered in another case.

 

 

Exceptions:

There are a few exceptions to the doctrine of res subjudice. These exceptions include:

• The second case is filed in a different court.
• The second case is filed after the pending case has been dismissed.
• The second case involves new evidence that was not available in the pending case.

Here are some additional things to keep in mind about res subjudice:

·       Res subjudice can be waived by the parties to a case. This means that the parties can agree to relitigate a case that is still pending before a court.

·       Res subjudice can be overcome in certain circumstances, such as when there is a change in the law.

The doctrine of res subjudice is an important legal principle that helps to ensure that the judicial system is efficient and fair. It prevents the same case from being relitigated multiple times, which saves time and resources. The doctrine also helps to ensure that the judicial process is not disrupted by multiple lawsuits involving the same issue.

 

 

Difference between subpoints:

The main difference between res judicata and res subjudice is that res judicata applies to cases that have already been decided by a court, while res subjudice applies to cases that are still pending before a court.

·       Res judicata is a Latin phrase that means "a matter already judged." It is a legal doctrine that prevents a party from relitigating a case that has already been decided by a court.

·       Res subjudice is a Latin phrase that means "a matter under judgment." It is a legal doctrine that prevents a party from relitigating a case that is still pending before a court.

The other way we see, difference between res judicata and res subjudice is the stage of the case. Res judicata applies to cases that have already been decided by a court, while res subjudice applies to cases that are still pending before a court.

Another difference between res judicata and res subjudice is the effect of the doctrine. Res judicata bars the relitigation of the same case, while res subjudice prevents the parties from interfering with the pending case.

Here is a table that summarizes the key differences between res judicata and res subjudice:

Res judicata	Res subjudice
Applies to cases that have already been decided by a court.	Applies to cases that are still pending before a court.
Bars the relitigation of the same case.	Prevents the parties from interfering with the pending case.

 

 

Conclusion

 

We conclude with the following,

 

The doctrines of res judicata and res subjudice are important legal principles that prevent the same case from being relitigated. These doctrines help to ensure that the judicial system is efficient and fair.

Here are some additional things to keep in mind about res judicata and res subjudice:

·       The doctrines of res judicata and res subjudice apply to both civil and criminal cases.

·       The doctrines of res judicata and res subjudice can be waived by the parties to a case.

·       The doctrines of res judicata and res subjudice can be overcome in certain circumstances, such as when there is new evidence or when there has been a change in the law.

The doctrines of res judicata and res subjudice are complex and can vary depending on the specific jurisdiction. It is important to understand how these doctrines apply to a particular case.