The doctrine of res judicata prevents the retrial of judicially settled issues and asserts the finality of judges' decisions. |
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An adjudication of a claim in bankruptcy is pleadable as res judicata in another court. |
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The doctrine of res judicata prevents relitigation of matters that have already been determined by a court of competent jurisdiction. |
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These issues are not genuine issues for trial and are res judicata or constitute issue estoppel. |
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As a member of the class, those residents argued, Hansberry was bound by the principal of res judicata to abide by the settlement. |
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Plaintiffs, while admitting to the fact, contended that the principle of res judicata barred courts from rehearing the old arguments. |
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The operative part of a judgment of the Court possesses the force of res judicata. |
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He is entitled to setoff only against uncontested claims or claims which have become res judicata. |
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However the force of res judicata of a decision enjoining the elimination of an unfair term is limited to the term itself, to its actual wording. |
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The decision rendered will be considered res judicata in all trials involving the parties to the voir dire. |
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The concept of res judicata has expanded in scope and power as the courts have refined its operation. |
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According to the Quebec Court of Appeal, however, only the conclusions of the judgment are deemed to be res judicata. |
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The administrative decision to dismiss the earlier request has no res judicata. |
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The Ombudsman understands the implications of the res judicata effect of a court decision. |
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The Federal Magistrate considered that the matter was res judicata by reason of the previous application to the Federal Court, and dismissed the application. |
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The effect of this judgment was that the validity of the patent was for the purposes of the inquiry res judicata as between the parties to the action. |
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It is the debtor's silence that transforms the initial order of payment into a judicial and enforceable decision that has the force of res judicata. |
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In addition, the legal doctrine of res judicata may come into play. |
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The decision to deport him has been final with the effect of res judicata since 11 July 2008, so that the complainant has no further access to domestic remedies. |
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Disqualification under subparagraph 9 of the first paragraph shall continue for five years from the day on which the judgment convicting the person becomes a res judicata. |
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The ruling given by the Court of Justice in response to such a request shall not apply to judgments of courts or tribunals of the Member States which have become res judicata. |
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The only incidental matters admissible in this type of proceeding shall be those that are moved by way of exceptions for an extemporaneous action, res judicata and the lapse of claims. |
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The Supreme Court had handed down several judgements confirming that it was perfectly legitimate to bring new proceedings in such cases, and was not incompatible with the principles of res judicata and non bis in idem. |
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For the Court res judicata pro veritate habetur, and the judicial truth within the context of a case is as the Court has determined it, subject only to the provision in the Statute for revision of judgments. |
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As for the blame that the grievor sought to cast on his companions, there was no place for such allegations because it was tantamount to reopening a trial in which the verdict had the status of res judicata. |
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While conceding that that decision is not res judicata as it pertains to CRI, the Deputy Minister maintains that the statement of Muldoon, J. is a firm statement of Canadian law. |
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In other words the majority holds the issue is res judicata. |
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The force of the res judicata pertaining to the Judgment was not applicable to third parties to the case, in respect of whom the Judgment may not have any retroactive legal effect. |
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The Agency notes that the doctrine of res judicata emphasizes the need for finality once a decision maker has made its decision and that, having done so, a tribunal is functus officio. |
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The exclusion of such economic operators should take place as soon as the contracting authority has knowledge of a judgment concerning such offences rendered in accordance with national law that has the force of res judicata. |
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When a final judgment is entered, the plaintiff is usually barred under the doctrine of res judicata from relitigating any of the issues, even under different legal theories. |
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