Res Judicata Flashcards

1
Q

res judicata (sec & meaning)

A

S. 11- no court shall try a suit/issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties litigating under the same title, in a court competent to try such subsequent suit iin which such issue has been heard and decided by such court.

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2
Q

res judicata in English law

A

estoppel

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3
Q

maxim of res judicata

A
  1. interest republicae ut sit finis litium- it concerns the state that there be an end to law suits
  2. nemo debet bis vexari pro una et eadem causa- no man should be vexed twice for the same cause
  3. res judicata pro veritate occipiter- a judicial decision must be accepted as correct.
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4
Q
A
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