AMP Civil Procedure Practice Exam

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What doctrine prevents a claimant from asserting a previously litigated cause of action?

Res judicata

The doctrine that prevents a claimant from asserting a previously litigated cause of action is known as res judicata, also referred to as claim preclusion. This legal principle bars the re-litigation of any claim that has already been decided by a competent court, provided that the parties and the cause of action are the same.

The rationale behind res judicata is to promote finality and consistency in judicial decisions. Once a court has reached a final judgment on a matter, allowing the same claims to be re-litigated would undermine the authority of the court and lead to contradictory outcomes. Thus, if a plaintiff loses a case and the judgment is final, they cannot bring the same claims against the defendant in a future lawsuit.

The other options relate to different legal concepts. Estoppel generally refers to preventing a party from arguing something contrary to a position they previously established. Collateral estoppel, on the other hand, is a type of estoppel that prevents a party from re-litigating an issue that was already conclusively determined in a prior action, but it applies to specific issues rather than entire causes of action. Double jeopardy specifically pertains to criminal law and protects individuals from being tried for the same offense more than once after acquittal or conviction

Estoppel

Collateral estoppel

Double jeopardy

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