Maxim 8.6.24
Not twice for the same thing.
Non bis in idem.
Source: Weisman, 99r
Difficulty 2/5 — Approachable
Explanation
No person may be subjected to a second prosecution, suit, or proceeding for the same cause — whether in criminal law (double jeopardy) or civil law (res judicata), the matter once determined is settled and cannot be relitigated.
Where this applies
- A man acquitted of robbery cannot be retried for the same robbery — the constitutional protection against double jeopardy forbids it.
- A plaintiff who lost a breach-of-contract lawsuit cannot file an identical suit against the same defendant over the same contract — once decided, the matter cannot be relitigated.
- A government agency that lost an administrative challenge cannot bring the same challenge again against the same party based on the same facts.
Legal domains
See also
Cite this maxim
NeCede Max. 8.6.24 — Not twice for the same thing. — Weisman, 99r (Non bis in idem.)
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