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In
Pro Per
Res Judicata
Claim
Preclusion
Overview of elements of the Res Judicata Doctrine:
1.
Final Judgment
2. On the Merits
3. Same Parties (Privity)
4. Same Claim (STOO)
The
best way to remember Res Judicata is the classic Steely Dan song Do It
Again.
"Go
back Jack, do it again, wheel keep on turning..."
If
that has happened in your case, then look at the res judicata doctrine.
think of it as the same cast of characters in the same play that may have
a new title.
You'll
be able to easily tell if the parties are the same or at least have privity.
You'll
be able to easily tell whether the claim has arisen out of the same transaction
or occurrence (STOO) as before.
You
should be able to tell if there's been a final judgment. Finally, you
can guess if there's been a judgment on the merits.
The
chaos is going to occur when you have to decide if those claims that could
(or might) have been joined in the first trial or should (or must) have
been joined in the first trial are now barred by the principles of Res
Judicata from a second trial.
Almost
always, if the claim should have been joined in the first trial, then
Res Judicata bars it from trial number two. One exception is where the
first case was brought in state court and the claim, which should have
been joined was a solely federal claim (meaning the state court was not
permitted to hear it).
Generally,
if a claim could have been brought in the first trial, then Res Judicata
bars it from trial number two. You really have to look at the fact sensitive
reasons why the plaintiff failed to bring the additional claim into the
first trial to make the call.
Finally,
things really get hairy when you start bringing in other parties by joinder
or intervention. But, that's over my simple head...
...
in other words it can't be summed up in a quick post. Do the research.
See
Collateral Estoppel
Sharing
Strategies
Got
a strategy that worked for you and you want to share with other victims
of fraud? Submit your suggestions to In
Pro Per. Put in the subject box the words: Self Help submission.
WJFA
nor anyone representing it interprets law or provides legal advice.
All information on these pages were provided by victims of fraud
denied justice and this section is only meant as an insight for
other victims having to undo a crime in civil court.
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2007 by WJFA. All rights reserved. This material
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