Download - Res Judicata - Shweta Belnekar
-
8/8/2019 Res Judicata - Shweta Belnekar
1/14
Presented By:
Shweta Belnekar
PRN: 10040141011
-
8/8/2019 Res Judicata - Shweta Belnekar
2/14
RES JUDICATA is a Latin term
used in the legal community,meaning the thing has been
decided.
It is used to refer to cases which
cannot be appealed or retried.
-
8/8/2019 Res Judicata - Shweta Belnekar
3/14
RES JUDICATA is designed
to ensure that cases are not
tried again and again, clogging
the legal system and
potentially costing vastamounts of money.
-
8/8/2019 Res Judicata - Shweta Belnekar
4/14
HISTORYOF
RESJUDICATA
-
8/8/2019 Res Judicata - Shweta Belnekar
5/14
GENERAL RULE
A PLAINTIFF who has prosecutedone action against a DEFENDANT
and obtained a valid final judgment
is BARRED by RES JUDICATAfrom prosecuting another action
against the same defendant where
-
8/8/2019 Res Judicata - Shweta Belnekar
6/14
a) the claim in the second action is one
which is based on the same factualtransaction that was at issue in the first;
b) the plaintiff seeks a remedy additional
or alternative to the one sought earlier;c) the claim is of such a nature as could
have been joined in the first action.
-
8/8/2019 Res Judicata - Shweta Belnekar
7/14
Concept of RESJUDICATA
In CIVIL LAW, cases must be
fundamentally identical before theycan be rejected on the basis of res
judicata.
In COMMON LAW, cases merely
need to bear a substantial number of
similarities.
-
8/8/2019 Res Judicata - Shweta Belnekar
8/14
SEVERAL BINDING
FACTORS1. Identity in the thing at suit;
2. Identity of the cause at suit;
3. Identity of the parties to the action;
4. Identity in the designation of the
parties involved;
5. Whether the judgment was final;
6. Whether the parties were given full
and fair opportunity to be heard on
the issue.
-
8/8/2019 Res Judicata - Shweta Belnekar
9/14
LETS TAKE AN
EXAMPLE..A and B are motorists.
A runs a stop sign, plowing into B's
car, causing B bodily injuries
and totalling B's car.
B sues A, claiming damages for the
broken right leg he got in
the accident, and wins.
-
8/8/2019 Res Judicata - Shweta Belnekar
10/14
After the first suit has been concluded, B
then sues A for his broken arm and ribsfrom the same accident.
The second suit will be dismissed; it is
based on the same transaction
(trespass to the person) as the first.
B should have sued for all physical
injuries at once.
-
8/8/2019 Res Judicata - Shweta Belnekar
11/14
SAME FACTS AS ABOVE.B sues A for all physical injuries sustained in the
accident, and wins.
B then proceeds to sue A for the damage to his car.The second suit may proceed.
While both suits are based on the same collision,
they are based on two different transactions.
The first suit was for a trespass to the person -unlawfully causing bodily injuries; while
the second claim is for trespass to chattels -
unlawfully causing damage to property.
-
8/8/2019 Res Judicata - Shweta Belnekar
12/14
RES JUDICATA isimportant......
It ensures that people cannot be taken to
court over and over again for the same thing. It reduces the risk of conflicting verdicts, or
litigation which drags on for years.
It keeps the system leaner and more efficientby allowing judges to throw out cases which
have already been tried and judged.
-
8/8/2019 Res Judicata - Shweta Belnekar
13/14
As it is correctly said.
Think Twice Before You
Do Rather Than
Regretting After It Has
Been Done
-
8/8/2019 Res Judicata - Shweta Belnekar
14/14