Duhaime.org
Law · Legal Information · Justice
 

Res Judicata
Latin: A matter which has already been conclusively decided by a court and is conclusive as between the parties.

Final judgments prevent any re-examination or re-trial of the same dispute between the same parties.

And as noted in the Henderson v. Henderson (1843) 3 Hare 100 (a British law report):

"In trying this question, I believe I state the rule of the court correctly, when I say, that where a given matter becomes the subject of litigation in, and of adjudication by, a court of competent jurisdiction, the court requires the parties to that litigation to bring forward their whole case, and will not (except under special circumstances) permit the same parties to open the same subject of litigation in respect of matter which might have been brought forward as part of the subject in contest, but which was not brought forward, only because they have, from negligence, inadvertence, or even accident, omitted part of their case.

"The plea of res judicata applies, except in special cases, not only to points upon which the court was actually required by the parties to form an opinion and pronounce a judgment, but to every point which properly belonged to the subject of litigation, and which the parties, exercising reasonable diligence, might have brought forward at the time."

Res judicata is not, though, conclusive in respect of disputes on the same subject between different parties or between the same parties on a different subject matter.

Legal Dictionary

Legal terms by first letter:

Dictionary Homepage

Legal Citations & Abbreviations

Legal Citations by first letter:

Legal Citations Homepage

Law Resources by Topic

Duhaime's LawMag

Theo Fleury, True-Crime Confession

Canada's media go goo-goo gaa-gaa over child sexual abuse survivor and ex-professional hockey player Theo Fleury even though in his recent biography, he relishes in tales of unlawful conduct.

A'Twitter and A'Facebook: Field of Dreams for Law Enforcement

Privacy bleeding hearts be damned: long live the use of information technology to prevent crime and assist law enforcement.

Saint Lawyer: Lawyers Who Were Sainted

Merry Christ Mass to all and to lawyers too! Saint Ives may be the patron saint of lawyers but he is not the only lawyer to have been sainted by the Roman Catholic Pope.

Read earlier headlines »

Subscribe to stay in touch »

Law Museum & Legal History

Law Fun

Crime Prevention & Personal Safety

Login



Register
Forgot Password?

Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

top