res judicata

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res judicata

(rēz jo͞o'dĭkā`tə): see jeopardyjeopardy,
in law, condition of a person charged with a crime and thus in danger of punishment. At common law a defendant could be exposed to jeopardy for the same offense only once; exposing a person twice is known as double jeopardy.
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References in periodicals archive ?
1991) (applying pre-1991 Louisiana law to reject claim preclusion and issue preclusion); Pilie & Pilie v.
Where different patents are asserted in a first and second suit, a judgment in the first suit will trigger claim preclusion only if the scope of the asserted patent claims in the two suites is essentially the same.
2) The Federal Circuit has made clear that it will apply the issue preclusion (3) and claim preclusion rules of the regional circuit court where the relevant district court lies when the issue involved is purely procedural.
Claim preclusion extends beyond issue preclusion precisely because it reaches issues that the court did not decide.
Rule 23 was amended in 1966 to eliminate the possibility of such asymmetric claim preclusion by eliminating "spurious" class actions.
Thus consent judgments ordinarily support claim preclusion but not issue preclusion.
295) But see Stoll, supra note 76, at 40 (calling the estoppel provision of [section] 325(e)(2) "something of a hybrid of claim preclusion and issue preclusion").
The court could not avoid the issue of setting a circuit precedent on the Title II issue due to Brumfield's failure to plead a Title I claim and the ensuing claim preclusion issue.
352) Claim preclusion "encompasses the law of merger and bar," under which a litigant is precluded from getting a proverbial second bite at the apple by attempting to litigate a new claim in a second suit that arose out of the same transaction or occurrence as the first suit.
48) The Missouri Court of Appeals for the Western District first rejected Mason's claim preclusion argument, finding that the Missouri litigation was not a collateral attack on the New York judgment.
145) Judge Posner acknowledged its application in McReynolds but resorted to issue certification because, he explained somewhat circularly, that was the way to resolve a common issue before issue or claim preclusion set in.
No sistema de Common Law, a res judicata possui duas dimensoes: claim preclusion e issue preclusion ou collateral estoppel.