-
- To save this word, you'll need to log in.
res judicata
noun
res ju·di·ca·ta
ˈrēz-ˌjü-di-ˈkä-tə
: a matter finally decided on its merits by a court having competent jurisdiction and not subject to litigation again between the same parties
Examples of res judicata in a Sentence
Recent Examples on the Web
Another defense is that the claims have already been litigated and are thus barred by res judicata and collateral estoppel.
—Michael McCann, Sportico.com, 22 Oct. 2024
If someone wants to find a document showing that a case has been adjudicated, or closed, the technology knows to look for documents with the Latin term res judicata (claim preclusion, or a matter decided).
—Jonathan Vanian, Fortune, 27 Oct. 2020
So the doctrine of res judicata also barred the claims.
—Jack Greiner, The Enquirer, 13 Aug. 2020
Today, New York Court of Appeals Associate Judge Michael Garcia agreed that Paramount's claim is barred by res judicata, meaning a matter already judged.
—Eriq Gardner, The Hollywood Reporter, 20 Feb. 2018
Examples are automatically compiled from online sources to
show current usage.
Read More
Opinions expressed in the examples do not represent those of Merriam-Webster or its editors.
Send us feedback.
Word History
Etymology
Latin, judged matter
First Known Use
circa 1652, in the meaning defined above
Dictionary Entries Near res judicata
Cite this Entry
“Res judicata.” Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam-webster.com/dictionary/res%20judicata. Accessed 23 Nov. 2024.
Legal Definition
res judicata
noun
res ju·di·ca·ta
ˈrēz-ˌjü-di-ˈkä-tə, ˈrās-ˌyü-
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 sense 3b, estoppel by judgment at estoppel sense 2a, merger sense 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
Etymology
Latin, judged matter
More from Merriam-Webster on res judicata
Britannica.com: Encyclopedia article about res judicata
Love words? Need even more definitions?
Merriam-Webster unabridged
Share