Judgment & Res Judicata

Hear the other side.

Audi alteram partem.

Source: Broom, Max. 113; 6 Co. 52a; 4 Bl. Comm. 283

No judgment may be rendered against any person without giving him notice and an opportunity to be heard — this is the irreducible minimum of due process of law.

The antecedent has relation to that which next follows unless thereby the meaning of the sentence would be impaired.

Ad proximum antecedens fiat relatio, nisi impediatur sententia.

Source: Jenk. Cent. 180; Jackson

A relative word or clause refers to the nearest antecedent unless that construction would produce an absurd or unintelligible result. (Duplicate maxim — see also 10.2.1.)

A thing adjudged is received as truth.

Res judicata pro veritate accipitur.

Source: Dig. 50, 17, 207; 2 Kent, Comm. 120; Broom, Max. 328

Once a court of competent jurisdiction has rendered final judgment, the matters determined therein are conclusive between the parties — they may not be relitigated, even if the judgment was wrong.

A judgment is, as it were, a declaration of law.

Judicium est quasi juris dictum.

Source: Co. Litt. 39a, 168a; 2 Inst. 537; Weisman, 64aa

Every judgment carries the force of law for the parties — it is not merely the judge's opinion but the law's own pronouncement applied to the facts found.

Judgment is not to be pronounced on a matter that is not clear.

Non sententia de re non liquida proferenda est.

Source: Jenk. Cent. 7, case 9

A court should never rush to judgment on doubtful facts — where the evidence is ambiguous or incomplete, the court must withhold decision until the matter is properly illuminated.

That which is to be resolved once for all should be long deliberated upon.

Deliberandum est diu quod statuendum est semel.

Source: 12 Co. 74; Weisman, 65o; Weisman, 75o

Final determinations demand thorough consideration — haste in matters of permanent consequence is the enemy of sound judgment.