The Effect of a Judgment in a Civil Lawsuit

When a court of competent jurisdiction renders a final judgment on the merits of a case, the judgment is conclusive between the parties as to the claims, facts, and issues litigated in the case. This article discusses the effect of a judgment in a civil lawsuit.

Res Judicata

Res judicata literally means a "thing decided" and is used to refer to a claim resolved by a judgment. The claim preclusion resulting from res judicata prevents a party from relitigating a claim that was previously decided by the court. It entirely bars a new lawsuit on the same claim. The judgment in the first lawsuit settles not only the issues actually decided but also all issues that could have been decided in the case.

Collateral Estoppel

Collateral estoppel is a doctrine that applies to a later suit between the parties on a different claim. Collateral estoppel prevents re-litigation of an issue decided in the earlier action. The issue has to be identical to the one presented in the later suit. The judgment in the earlier case stops or prevents a party to that suit from trying to litigate the issue in another lawsuit.

Law of the Case

The law of the case means that the decision of a court on a particular legal question is controlling at all later stages of the lawsuit before the court. The law of the case doctrine applies only to matters of law and is ordinarily concerned with later proceedings in the same case.

Copyright 2012 LexisNexis, a division of Reed Elsevier Inc.