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Essay / Research Paper Abstract
This 5 page paper compares the two principles which are very similar but pertain to different areas of law. Differences and similarities are noted. The OJ Simpson case is mentioned. Bibliography lists 4 sources.
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5 pages (~225 words per page)
File: RT13_SA024Law.rtf
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without fear of prosecution. Such a defendant, who has been deemed not guilty is free to go and that means free in every sense of the word. With concepts such
as res judicata and double jeopardy, people are afforded constitutional protection so that they cannot be tried for the same crime again. And while some do not like the law,
it is essential so that a person--whether guilty or innocent--is not continually pursued by the state. There must be an end to every legal matter so that a citizen can
have peace of mind. Additionally, if it were not for these concepts, the states resources would likely be abused. Imagine how many OJ Simpson trials would occur if double jeopardy
was not a part of the system. Interestingly, when OJ was taken to court after his acquittal in a wrongful death lawsuit, many asked why that was not double jeopardy.
The reason why he had to go to court again was because the second case was a civil suit so he was not protected by double jeopardy. Although he was
found guilty in the civil case, he cannot be tried again in a criminal court of law for the deaths of Nicole Brown and Ronald Goldman. The two legal concepts
that protects citizens as described above are called double jeopardy and res judicata. They are similar in nature but have distinct differences at the same time. The doctrine of res
judicata means that a case has already been decided and therefore the courts cannot reexamine such matters again (Lawrence, 1994). In practice, res judicata means that something is binding and
conclusive and should stand even upon all other courts of concurrent power (Bouvier, 1856). For example, if Paul were to sue Peter to recover an amount due him and on
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