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NeCede's

Maxim 8.6.17

No man can be sued a second time for the same cause of action, if once judgment has been rendered.

Source: Broom, Max. 327, 348; Dig. 50, 17, 41; Weisman, 99n Difficulty 4/5 — Advanced

Explanation

(English-origin maxim.) Once a final judgment has been rendered on a cause of action, the same matter cannot be relitigated between the same parties — this is the principle of res judicata.

Where this applies

  • A creditor who already won a judgment for unpaid rent cannot file a second lawsuit against the same tenant for the same unpaid rent.
  • A plaintiff whose personal-injury case went to trial and resulted in a defense verdict cannot file a new lawsuit over the same accident.
  • A former employee who lost a wrongful-termination lawsuit cannot refile the same claim against the same employer — once judged, the matter is settled.

Legal domains

Cite this maxim

NeCede Max. 8.6.17 — No man can be sued a second time for the same cause of action, if once judgment has been rendered. — Broom, Max. 327, 348; Dig. 50, 17, 41; Weisman, 99n

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