Res - Law Dictionary Search Results
Home Dictionary Name: resRes judicata
Res judicata, a final judgment already decided between the same parties or their privies on the same question by a legally constituted Court having jurisdiction is conclusive between the parties, and the issue cannot be raised again. The judgment may have been given by a foreign Court, Tarleton v. Tarleton, 4 M&S 21. A matter which is res judicata cannot be further gone into; but if the decision was obtained by fraud it can be set aside, Cole v. Langford, (1898) 2 QB 36. Criminal proceedings do not constitute a res judicata as regards civil proceedings arising out of the same facts, Caione v. Palace Shipping Co., (1907) 1 KB 670; and see also Anderson v. Collinson, (1901) 2 KB 107. See ESTOPPEL.When it is said that a previous decision is res judicata, it is meant that the right claimed has been adjudicated upon and cannot again be placed in contest between the same parties. A previous decision of a competent Court on fact which are the foundation of the right and the relevant law appli...
res 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 ...
res gestae
res gestae [Latin, things done, deeds] 1 : the acts, facts, circumstances, statements, or occurrences that form the environment of a main act or event and esp. of a crime and are so closely connected to it that they constitute part of a continuous transaction and can serve to illustrate its character [the decedent's statement…was too far removed in time and place to be admissible as part of the res gestae "Lynch v. State, 552 N.E.2d 56 (1990)"] 2 a : an exception or set of exceptions to the hearsay rule that permits the admission of hearsay evidence regarding excited utterances or declarations relating to mental, emotional, or bodily states or sense impressions of a witness or participant compare dying declaration and spontaneous declaration at declaration, excited utterance NOTE: Res gestae in common law encompassed a variety of different exceptions to the hearsay rule, but most modern rules of evidence (as the Federal Rules of Evidence) have abandoned use of res gestae and...
res ipsa loquitur
res ipsa loquitur Latin, the thing speaks for itself] : a doctrine or rule of evidence in tort law that permits an inference or presumption that a defendant was negligent in an accident injuring the plaintiff on the basis of circumstantial evidence if the accident was of a kind that does not ordinarily occur in the absence of negligence [a plaintiff who establishes the elements of res ipsa loquitur can withstand a motion for summary judgment and reach the jury without direct proof of negligence "Cox v. May Dept. Store Co., 903 P.2d 1119 (1995)"] NOTE: For res ipsa loquitur to apply, the accident in question must not be due to any voluntary action or contribution by the plaintiff. The doctrine has traditionally required that a defendant have exclusive control over the instrumentality of an injury, but now it is commonly applied when multiple defendants have joint or sometimes successive control (as by the manufacturer and retailer of a defective product). In addition to the control ...
Issue estoppel, res judicata
Issue estoppel, res judicata, there is a distinction between 'issue estoppel' and 'res judicata'. Res judicata debars a court from exercising its jurisdiction to determine thelis if it has attained the finality between the parties whereas the doctrine issue estoppel is invoked against the party, if such an issue is decided against him, he would be estopped from raising the same in the latter proceeding the doctrine of res judicata creates a different kind of estoppel viz., estoppel by accord, Bhanu Kumar Jain v. Archana Kumar, (2005) 1 SCC 787 (798) (Civil PC 1908, s. 11]...
Res
Res, all physical and metaphysical existences, in which persons may claim a right. See Sand. Just.; Cum.C.L. 59.Res generalem habet significationem quia tam corporea quam incorporea, cujuscunque sunt generis, natur', sive speciei, comprehendit. 3 Inst. 182, (The word 'thing' has a general signification, because it comprehends corporeal and incorporeal objects, of whatever nature, sort, or species.)Res, means an object, interest, or status, as opposed to a person, Black's Law Dictionary, 7th Edn., p. 1307....
Res ipsa loquitur
Res ipsa loquitur (the thing speaks for itself), a phrase used in actions for injury by negligence where no proof of negligence is required beyond the accident itself, which is such as necessarily to involve negligence, e.g., a collision between two trains upon a railway: see Carpue v. London, Brighton, and South Coast Ry. Co., (1844) 5 Ex. 787.Res ipsa loquitur (thing speaks for itself) is a principle which, in reality, belongs to the law of torts, Syed Akbar v. State of Karnataka, AIR 1979 SC 1848 (1851).The thing speaks for itself.This maxim is applicable in actions for injury by negligence where no proof of negligence is required beyond the accident itself, which is such as necessarily to involve negligence-- e.g., where a ship in motion collides with a ship at anchor. It ought not to be applied unless the facts proved are more consistent with negligence in the defendant than with a mere accident; nor ought it to be applied to evidence of an unexplained accident, if the evidence is...
Res Mancipi
Res Mancipi. The Res Mancipi of old Roman law were, land-in historical times, land on Italian soil-slaves, and beasts of burden, such as horses and oxen; and the mode of conveyance by which they were transferred was called a Mancipium or Mancipation. Distinguished from them was another class called Res nec Mancipi, 'things which did not require a Mancipation,' i.e., could be transferred by a simpler mode of assurance, and were held to pass by mere delivery: see Maine's Ancient Law, Ch. VIII....
Res per pecuniam astimatur et non pecunia per res
Res per pecuniam astimatur et non pecunia per res (9 Co. 76), the value of a thing is estimated according to its worth in money; but the value of money is not estimated by reference to the thing....
Quando aliquid conceditur id etiam conceditur sine quo res ipsa non esse potest
Quando aliquid conceditur id etiam conceditur sine quo res ipsa non esse potest, quando aliquid conceditur id etiam conceditur sine quo res ipsa non esse potest is always true is between grantor and grantee, but that does not necessarily apply as against third parties, Raja Maharaj Kumar Satya Niranjan Chakravarti v. Ram Lal Kaviraj, AIR 1925 PC 42....
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