Interpretive Rule - Law Dictionary Search Results
Home Dictionary Name: interpretive rule Page: 4res judicata
res judicata [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 ...
Equality of the statute
Equality of the statute, the judicial rule of law for interpreting statutes applies the grammatical approach, thereby to bring out the value judgment incorporated in the statute itself. Sometimes it is called the 'equity of the statute'. Words must be given their 'literal' or 'ordinary' meaning unless there are compelling reasons, recognised by canons of construction, to the contrary, Authorised Officer v. S. Naganatha Ayyar, (1979) 3 SCC 466: AIR 1979 SC 1192....
The reason of the delay
The reason of the delay, the words 'the reason of the delay' occurring in Rule 25 can on an ordinary grammatical interpretation be referred to the delay in returning the process to the Court, Mathri v. State of Punjab, AIR 1964 SC 986 (989): (1964) 5 SCR 916....
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