Tuesday, March 26, 2013

Objective of res judicata

Res Judicata - A Brief Study

Objective of res judicata
The doctrine of res judicata is based on three maxims:
a) Nemo debet bis vexari pro una et eadem causa ( no man should be punished twice for the same cause)

b) Interest reipublicae ut sit finis litium (it is in the interest of the state that there should be an end to a litigation)

c) Res judicata pro veritate occipitur (a judicial decision must be accepted as correct)

Thus, the doctrine of res judicata is the combined result of the public policy reflected in maxims (b) and (c) and private justice expressed in the maxim (a), and they apply to all judicial proceedings whether civil or criminal.