RES JUDICATA

res judicata (rays joo-di-kay-t<<schwa>> or -kah-t<<schwa>>). [Latin “a thing adjudicated”] 1. An issue that has been definitively settled by judicial decision. [Cases: Judgment 540, 584, 585. C.J.S. Judgments §§ 697–700, 702–703, 749, 752.] 2. An affirmative defense barring the same parties from litigating a second lawsuit on the same claim, or any other claim arising…

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RESISTING UNLAWFUL ARREST

resisting unlawful arrest.The act of opposing a police officer who is making an unlawful arrest. • Most jurisdictions have accepted the Model Penal Code position prohibiting the use of force to resist an unlawful arrest when the person arrested knows that a police officer is making the arrest. But some jurisdictions allow an arrestee to…

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RESISTING ARREST

resisting arrest.The crime of obstructing or opposing a police officer who is making an arrest. — Also termed resisting lawful arrest. [Cases: Obstructing Justice 3. C.J.S. Obstructing Justice or Governmental Administration §§ 18–29.] [Blacks Law]

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RES IPSA LOQUITUR TEST

res ipsa loquitur test (rays ip-s<<schwa>> loh-kw<<schwa>>-t<<schwa>>r). A method for determining whether a defendant has gone beyond preparation and has actually committed an attempt, based on whether the defendant’s act itself would have indicated to an observer what the defendant intended to do. — Also termed equivocality test. See ATTEMPT(2). [Cases: Criminal Law 44. C.J.S.…

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RES IPSA LOQUITUR

res ipsa loquitur (rays ip-s<<schwa>> loh-kw<<schwa>>-t<<schwa>>r). [Latin “the thing speaks for itself”] Torts. The doctrine providing that, in some circumstances, the mere fact of an accident’s occurrence raises an inference of negligence so as to establish a prima facie case. — Often shortened to res ipsa. [Cases: Negligence 1610. C.J.S. Negligence §§ 744–748, 754–756.] “The…

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RES INTER ALIOS ACTA

res inter alios acta (rays in-t<<schwa>>r ay-lee-ohs ak-t<<schwa>>). [Latin “a thing done between others”] 1.Contracts. The common-law doctrine holding that a contract cannot unfavorably affect the rights of a person who is not a party to the contract. [Cases: Contracts 186(1).] 2.Evidence. The rule prohibiting the admission of collateral facts into evidence. [Cases: Criminal Law…

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RES INTEGRA

res integra (rays in-t<<schwa>>-gr<<schwa>> also in-teg-r<<schwa>>). [Latin “an entire thing”] See RES NOVA. [Blacks Law 8th]

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RESIGNATION

resignation,n.1. The act or an instance of surrendering or relinquishing an office, right, or claim. [Cases: Officers and Public Employees 62.C.J.S. Officers and Public Employees §§ 135–138.] 2. A formal notification of relinquishing an office or position. 3.Hist. The surrender to the lord of the vassal’s interest in land. — resign,vb. [Blacks Law 8th]

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