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