Civil Procedure · defense

Elements of Res Judicata

Quick Answer

What are the elements of Res Judicata?

Res judicata, also known as claim preclusion, prevents parties from relitigating issues that have already been judged in a final verdict by a competent court. It serves to promote the finality of judgments and judicial efficiency.

Required Elements

1. Final Judgment

There must be a final judgment in a previous case that concluded the matter.

What to prove: It must be shown that the prior case resulted in a final judgment on the merits, not subject to further appeal.

2. Same Parties or Privies

The parties in the subsequent action must be the same as those in the prior action, or in privity with them.

What to prove: The identity of parties or their legal representatives in both cases must be established.

3. Same Cause of Action

The claim or cause of action in the subsequent case must be substantially the same as that in the prior case.

What to prove: It must be demonstrated that the facts and issues presented in both cases arise from the same transaction or nucleus of operative facts.

Burden of Proof

The burden lies with the defendant asserting the res judicata defense to show that all elements are satisfied, usually by the preponderance of the evidence standard.

Common Fact Patterns
  • A plaintiff sues a defendant for breach of contract; the court dismisses the case with prejudice, and the plaintiff attempts to bring a new suit based on the same breach.
  • A defendant wins a case regarding liability and a second suit claims damages from the same incident, being barred by res judicata.
Exam Tip

Be prepared to analyze different fact patterns where res judicata may apply or fail based on the identity of parties and causes of action.

Key Cases
  • Federated Department Stores, Inc. v. Moitie
  • New Hampshire v. Maine
  • Allen v. McCurry

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