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Presented By:

Shweta Belnekar

PRN: 10040141011

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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.

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RES JUDICATA is designed

to ensure that cases are not

tried again and again, clogging

the legal system and

potentially costing vastamounts of money.

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HISTORYOF

RESJUDICATA

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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

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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As it is correctly said.

Think Twice Before You

Do Rather Than

Regretting After It Has

Been Done

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