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 from

the same transaction or series of transactions and that could have been — but was not — raised in

the first suit. • The three essential elements are (1) an earlier decision on the issue, (2) a final

judgment on the merits, and (3) the involvement of the same parties, or parties in privity with the

original parties. Restatement (Second) of Judgments §§ 17, 24 (1982). — Also termed res

adjudicata; claim preclusion; doctrine of res judicata. Cf. COLLATERAL ESTOPPEL. [Cases:

Judgment 540, 584, 948(1). C.J.S. Judgments §§ 697–700, 702–703, 752, 930–931, 933.]

“ ‘Res judicata’ has been used in this section as a general term referring to all of the ways in

which one judgment will have a binding effect on another. That usage is and doubtless will

continue to be common, but it lumps under a single name two quite different effects of judgments.

The first is the effect of foreclosing any litigation of matters that never have been litigated,

because of the determination that they should have been advanced in an earlier suit. The second is

the effect of foreclosing relitigation of matters that have once been litigated and decided. The first

of these, preclusion of matters that were never litigated, has gone under the name, ‘true res

judicata,’ or the names, ‘merger’ and ‘bar.’ The second doctrine, preclusion of matters that have

once been decided, has usually been called ‘collateral estoppel.’ Professor Allan Vestal has long

argued for the use of the names ‘claim preclusion’ and ‘issue preclusion’ for these two doctrines

[Vestal, Rationale of Preclusion, 9 St. Louis U. L.J. 29 (1964)], and this usage is increasingly

employed by the courts as it is by Restatement Second of Judgments.” Charles Alan Wright, The

Law of Federal Courts § 100A, at 722–23 (5th ed. 1994). [Blacks Law 8th]