What is the doctrine of res judicata?

The doctrine of res judicata is a legal principle that is applied in civil procedure in Arkansas, and many other jurisdictions. It is designed to promote finality in litigation by preventing parties from re-litigating issues that have already been decided by a court. This is known as “claim preclusion” or “merger and bar.” Res judicata is based on the principle that once a competent court has handed down a final judgment, then all matters that were litigated, or could have been litigated, in that particular matter are finally settled and cannot be re-litigated. In other words, a party cannot bring the same claim, based on the same facts, before the same court twice. The doctrine of res judicata also applies to “issue preclusion”. This means that a court decision on an issue of law or fact in one case is binding on future cases involving the same parties and same issue. This prevents a party from taking inconsistent positions on a legal issue in different proceedings. Res judicata is a key principle of civil procedure in Arkansas and in other jurisdictions. It ensures that lawsuits come to an end at some point and that the same parties cannot re-litigate the same issues. It also prevents parties from taking inconsistent positions on legal issues in different proceedings.

Related FAQs

What is a negligence per se claim?
What are the differences between civil law and common law?
What is a motion in limine?
What are the elements of negligence?
What is the difference between a stipulation and an agreement?
What is a motion to compel or enforce discovery?
How does a plaintiff prove their case in a civil action?
What is the trial stage of civil procedure?
What is a discovery request?
What is a judgement in rem?

Related Blog Posts

Understanding Civil Procedure Basics - July 31, 2023
Navigating the Complexities of Civil Procedure Rules - August 7, 2023
Step-By-Step Guide to Civil Procedure Process - August 14, 2023
Identifying Deadlines in Civil Procedure - August 21, 2023
Different Types of Civil Procedure Strategies - August 28, 2023