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True / False: Stare decisis is the same as res judicata.?

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True / False: Stare decisis is the same as res judicata.?

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  1. True, they mean the same thing. Their difference is one is based in common law and one in civil law. Stare decisis is applied to all cases.


  2. False,

    Stare decisis is to stop legal actions against the defendent in a court process and Res Judicata applys to the courts trial estoppel for lack of jurisdiction for individual or subject matter

    in a open court of law, this decision can be determined after

    or before any case in dismissal by demandant's challange to the court legal standing to the law and the judicial authority.

  3. False.

    Stare decisis is "to stand on decided case" - courts must use previous court's holding and apply to future cases with same set of facts to insure unformity of law.

    Res judicata is "a matter judged" - You can't re-sue a winning party on a matter already decided on.

  4. False. The only person who provided the right answer was "Polar Bear". Under stare decisis, courts are forced to enter judgment based on previous decisions. And, under res judicata, a suit may not be brought on the same grounds as a suit which has already been decided in court.

  5. False.  That's why there are two different terms for them.

  6. True and False, (there is a very thin line) ...Res judicata is a doctrine similar to stare decisis. Res judicata states that a decision in a particular case shall not be reversed. It is the closes analogy in civil law to the common law concept of stare decisis. However stare decisis is a larger principal, for it applies to all cases.

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