What is the doctrine of res judicata?

The doctrine of res judicata is a legal concept applicable in civil procedure in North Carolina. Res judicata is Latin for “a matter already judged.” The doctrine requires that a matter which has been litigated cannot be brought back into court for further discussion or litigation. In other words, once a suit has been decided, that judgment is binding on all parties and cannot be challenged in a different suit. The doctrine of res judicata has several elements which must be present in order for it to apply. Firstly, the matter must have been fully and fairly litigated. This means that both sides must have presented their evidence and arguments to the court, and that the court had a chance to hear both sides and render a fair judgment. Secondly, there must have been a final judgment issued on the matter. Finally, the parties involved must be the same in both suits. For example, the plaintiff in the first suit cannot try to use the doctrine of res judicata against a different party in a subsequent suit. In North Carolina, the doctrine of res judicata is closely related to the legal concept of collateral estoppel. Collateral estoppel requires that an issue which has been litigated and decided in a prior suit cannot be re-litigated in a subsequent suit, even if the parties in the new suit are different. This prevents a party from filing multiple suits in an attempt to get a different result in a second suit.

Related FAQs

How does civil procedure differ from state to state?
What is a writ of attachment?
What is alternative dispute resolution (ADR)?
What is the doctrine of res judicata?
What is the burden of proof in civil cases?
What are the court rules for a summary judgment hearing?
What are the differences between civil law and common law?
What are the rules for filing a counterclaim?
What is a motion for a temporary restraining order?
What is the purpose of civil procedure?

What is the doctrine of res judicata?

Related FAQs

Related Blog Posts