| 单词 | res judicata |
| 释义 | res ju·di·ca·ta /'rēz-ˌjü-di-'kä-tə, 'rās-ˌyü-/ n [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 the trial court interpreted the earlier order as a dismissal with prejudice and thus res judicata as to the subsequent complaint — Southeast Mortg. Co. v. Sinclair, 632 So. 2d 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 the doctrine of res judicata precludes the presentation of issues in a post-conviction petition which have previously been decided upon direct appeal — Stowers v. State, 657 N.E.2d 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 |
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