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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