Sentences with phrase «meant res judicata»

Not exact matches

Despite their different meanings, lawyers commonly but incorrectly use res judicata and collateral estoppel interchangeably.

[79] In response to perceived difficulties in demanding strict adherence to the constituent elements of res judicata, modern Canadian courts have developed the independent but related concept of abuse of process as a means of barring relitigation where permitting it to proceed would offend vital principles such as judicial economy, consistency, finality of legal disputes, and, perhaps most importantly, the integrity of the judicial decision - making process.

The words «without prejudice» in their general adaptation, when used in a decree, mean that there is no decision of the controversy on its merits, and leaves the whole subject in litigation as much open to another suit as if no suit had ever been brought... When the words «without prejudice» appear in an order or decree, it shows that the judicial act done is not intended to be res judicata of the merits of the controversy.