Legal Dictionary
Main Entry:
res ju·di·ca·taPronunciation:
'rEz-"jü-di-'kä-t&, 'rAs-"yü-Function:
nounEtymology: Latin, judged matter
1 : a thing, matter, or determination that is adjudged or final: as
a : a claim, issue, or cause of action that is settled by a judgment conclusive as to the rights, questions, and facts involved in the dispute
b : a judgment, decree, award, or other determination that is considered final and bars relitigation of the same matter
res judicata as to the subsequent complaint —Southeast Mortgage Company v. Sinclair, 632 So. Second 677 (1994)>; also : the barring effect of such a determination
2 : a principle or doctrine that generally bars relitigation or reconsideration of matters determined in adjudication res judicata precludes the presentation of issues in a post-conviction petition which have previously been decided upon direct appeal —Stowers v. State, 657 North Eastern Reporter, Second Series 194 (1995)>: as a : a broad doctrine in civil litigation that requires and includes the barring of relitigation of settled matters under merger, bar, collateral estoppel, and direct estoppel : FORMER ADJUDICATION —compare BAR 3b estoppel by judgment at ESTOPPEL 2a, MERGER 4 b : a specific doctrine that precludes relitigation of claims and issues arising from the same cause of action between the same parties and their privies after a final judgment on the merits by a competent tribunal or after some other final determination having the same effect <res judicata precludes only subsequent suits on the same cause of action; collateral estoppel may preclude relitigation of issues in later suits on any cause of action —J. H. Friedenthal et al.> called also claim preclusion
3 : an affirmative defense based on res judicata