VII.   Law

Res Judicata, also known as “double jeopardy”, also known as “preclusion of claim” and “autrefois acquit/convict” is an ancient principle of Law whereby a case in which res judicata was perfected is no longer subject to appeal, nor may the same case be brought again either in the same court, or different court.

The phrase Res Judicata is ancient Latin and means “a matter (already) judged”.

Res Judicata is considered perfected when five (5) factors are found to have been clearly defined in the previous suit:

(i) identity of the property, person or thing at suit; and

(ii) identity of the cause, charges and facts at suit; and

(iii) identity of the relevant parties, their actions and intentions at suit; and

(iv) whether the judgment was final; and

(v) whether the relevant parties were given full and fair opportunity to be heard on the issue.

Once Res Judicata is claimed and validated, no judge nor court may hear the alleged pending matter, nor reopen a case against which Res Judicata is perfected.

Res Judicata does not preclude the right of Appeal which is considered a continuance of the same case, rather than the reopening of a case. Only when the appeals process is exhausted or waived by all parties does Res Judicata come into effect as a principle.

A defendant in a suit may use Res Judicata as defense as a plaintiff who prosecuted an action against a defendant and obtained a valid final judgment is not permitted by law to initiate another action versus the same defendant where:

(i) the claim is of such nature as could have been joined in the first action; or

(ii) the claim is based on the same transaction that was at issue in the first action; or

(iii) the plaintiff seeks a different remedy, or further remedy, than what was obtained in the first action.

While the concepts of “Double Jeopardy” and “autrefois acquit” or “autrefois convict” are sometimes considered separate in rights and statute in terms of Res Judicata, it is Res Judicata that is the principle of law, not necessarily the question of fairness that precludes a new case on the same matter being brought again.