LEGAL DEFINITION OF RES JUDICATA
LEGAL DEFINITION OF RES JUDICATA

Summary/Abstract: As a concept “res judicata” derives from the Roman law. Etymologically thisexpression in English corresponds to the Latin term “res iudicata or res judicata”. Conceivedin English it means an issue already judged, with a final decision and can not be subject tothe judgment on appeal. To talk about the concept of “res judicata” means to ask in deeproots of the history of law, in ancient times, where the right began to be formed conceptually.The following will explain what is contained in this concept, since at the time it was formed,then in Roman law and then as it absorbs different family law. The concept of res judicata aswell as its contents are related to the final judicial decision. Res judicata or res iudicatawhich in English means the issue of the condemned already, is in two families of law,whether civil meatballs that of common law, an issue which is judged by the decision finaland not with subject to appeal. The term is also used to refer to the doctrine aimed atstopping (or precludement) of the retrial of these cases such between the same parties,which is different for both legal families. Res judicata does not limit the appeals process,which is considered as a linear extension of the same suit that travels up (and sit down) theCourt of Appeal. Appeals are considered appropriate ways, among which is a challenge trialand not attempt to start a new trial. Res judicata will apply for a trial that is against the law.

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