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Essay / Research Paper Abstract
5 pages in length. The writer defines and discusses the legal components of res judicata. Bibliography lists 4 sources.
Page Count:
5 pages (~225 words per page)
File: LM1_TLCjudic.doc
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Unformatted sample text from the term paper:
was within his rights to rid his property of the offending overgrowth. Carl, on the other hand, looked upon his old oak as natures gift and considered his neighbors
actions irreverent and completely out of the realm of the law. The Florida judge thought otherwise, however, and ruled in favor of the neighbors counter suit that alleged he
had requested on numerous occasions that Carl trim back the branches hanging over in his neighbors yard. Having initially filed a charge of infringement of aesthetic appreciation, Carl revisited
the court to file a new suit over the same issue; however, this time he changed the reason from infringement of aesthetic appreciation to loss of property value. The
judge was not the least bit welcoming of such post-decision action, flatly denying his request to impose a subsequent charge and asserting that Carl was to abide by the doctrine
of res judicata. Defining res judicata is to describe it as "a general term referring to all of the ways in which one judgment will have a binding effect on
another" (Anonymous, 2000, p. resjud.htm). Inasmuch as Carl was not satisfied with the outcome of his case, he thought that if he modified the charge and re-entered the suit
that he would have a second chance to win. However, res judicata helps to clear the courts of just such actions for the reason that once a judge rules
on any given case, that ruling is said to be wholly binding. There exist only four considerations that may ultimately permit a revisit of the case for different charges:
* Was the issue decided in the prior suit identical with the one presented in the action in question? * Was there a final judgment on the merits? *
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