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''Res judicata'' or ''res iudicata'' , also known as claim preclusion, is the Latin term for "a matter () judged", and refers to either of two concepts: in both civil law and common law legal systems, a case in which there has been a final judgment and is no longer subject to appeal; and the legal doctrine meant to bar (or preclude) continued litigation of a case on same issues between the same parties. In this latter usage, the term is synonymous with "preclusion". In the case of ''res judicata'', the matter cannot be raised again, either in the same court or in a different court. A court will use ''res judicata'' to deny reconsideration of a matter. The legal concept of ''res judicata'' arose as a method of preventing injustice to the parties of a case supposedly finished, but perhaps mostly to avoid unnecessary waste of resources in the court system. ''Res judicata'' does not merely prevent future judgments from contradicting earlier ones, but also prevents litigants from multiplying judgments, and confusion. == In common law == The principle of ''res judicata'' may be used either by a judge or a defendant. Once a final judgment has been handed down in a lawsuit, subsequent judges who are confronted with a suit that is identical to or substantially the same as the earlier one will apply the ''res judicata'' doctrine to preserve the effect of the first judgment. A defendant in a lawsuit may use ''res judicata'' as defense. The general rule is that a plaintiff who prosecuted an action against a defendant and obtained a valid final judgment is not able to initiate another action versus the same defendant where: *the claim is based on the same transaction that was at issue in the first action; *the plaintiff seeks a different remedy, or further remedy, than was obtained in the first action; *the claim is of such nature as could have been joined in the first action.〔http://www.lectlaw.com/def2/q036.htm〕 Once a bankruptcy plan is confirmed in court action, the plan is binding on all parties involved. Any question regarding the plan which could have been raised may be barred by ''res judicata''.〔11 U.S.C. sec. 1141(a)〕 The Seventh Amendment to the United States Constitution provides that no fact having been tried by a jury shall be otherwise re-examinable in any court of the United States or of any state than according to the rules of law. For ''res judicata'' to be binding, several factors must be met: *identity in the thing at suit; *identity of the cause at suit; *identity of the parties to the action; *identity in the designation of the parties involved; *whether the judgment was final; *whether the parties were given full and fair opportunity to be heard on the issue. Regarding ''designation of the parties involved'', a person may be involved in an action while filling a given office (e.g. as the agent of another), and may subsequently initiate the same action in a differing capacity (e.g. as his own agent). In that case ''res judicata'' would not be available as a defence unless the defendant could show that the differing designations were not legitimate and sufficient. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Res judicata」の詳細全文を読む スポンサード リンク
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