Principle

CIVIL PROCEDURE — Res Judicata — Ingredients of Plea

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Res judicata requires identity of res, issue, and parties. Missing any element defeats the plea. The court examines substance, not form. Styling of parties does not affect identity. The principle applies to all civil proceedings. The court will look beyond names to determine real parties.…

Read the full principle with Sanctum

Sanctum is the key to all NLC content: judgments, principles, statutes, rules of court and court forms. Choose a plan from 1 month to 36 months.

Get Sanctum Access I’m a member — Log in