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Justitia Et PaxThis paper discusses the implementation of the principle of res judicata pro veritate habetur in the review of acquittal by the Public Prosecutor which examines the procedural law in criminal justice in Indonesia.
Ngurah Ketut Widhi Aditya Pinatih
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ONCE AND FOR ALL: WHEN THE GOVERNMENT CONCILIATES CITIZENS’ CLAIMS
Revista Eletrônica de Direito Processual, 2019 Like the chorus in Shakespeare’s Henry the Fifth, those who proceed on behalf of society at large should have both the first and last word. They should possess the capacity to undertake this act of representation, whether in or out of court, with ...
Ángel Oquendo
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The Modern Law Review, Volume 88, Issue 3, Page 527-556, May 2025.The proposition that universal access to justice should be a guiding aim of any system of law is, today, commonly recognised. Less clear, however, is what the implementation of this principle should entail in practice if a party cannot afford legal assistance.
Nabil Khabirpour
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Teisė, 2011 Straipsnyje analizuojamas nacionalinio teismo vaidmuo įgyvendinant Europos Sąjungos (ES) teisę, ypač atkreipiant dėmesį į Europos Sąjungos teisės viršenybės ir teisinio saugumo principų galimą koliziją bei jų suderinamumo problematiką, kuri straipsnyje ...
Skirgailė Žaltauskaitė-Žalimienė
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Noûs, Volume 58, Issue 4, Page 948-972, December 2024.Abstract I defend the thesis that legal standards of proof are reducible to thresholds of probability. Many reject this thesis because it appears to permit finding defendants liable solely on the basis of statistical evidence. To the contrary, I argue – by combining Thomson's (1986) causal analysis of legal evidence with formal methods of causal ...
Chad Lee‐Stronach
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Part I The Doctrine of Res Judicata in Litigation, 1 The Doctrine of Res Judicata in Domestic Laws
, 2016 This chapter analyses and compares the application of the res judicata doctrine in common and civil law countries. Res judicata is the principle that a matter may not, generally, be relitigated once it has been judged on the merits.
Schaffstein Silja
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Second Circuit 2005 Res Judicata Developments [PDF]
, 2006 During the 2005 survey year, federal courts in the Second Circuit decided a number of important res judicata matters. Several district courts applied the doctrines of claim preclusion and issue preclusion to administrative and arbitral determinations ...
Carlisle, Jay C.
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Revista Eletrônica de Direito Processual, 2021 We approach the hypothesis of rediscussion by Brazilian Federal Supreme Court of a law already declared as constitutional in abstract control and its relation with the institute of the res judicata, with the conclusion that there is stability in the ...
Adriano Sayão Scopel
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Unpicking Torts: Elements, Conditions of Actionability and Standing Rules
The Modern Law Review, Volume 87, Issue 6, Page 1519-1541, November 2024.There is a clear tendency among judges and scholars to regard torts like chemical compounds: as things comprising a fixed list of elements (such as duty, breach, causation etc). But it is sometimes said that claimants in tort cases must also demonstrate that a condition of actionability has been met, or that a standing requirement within a particular ...
John Murphy
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Temporal Limits of Res Judicata
İstanbul Hukuk MecmuasıSubstantive res judicata is a central issue in civil procedural law. Because court judgments are rendered on the basis of a specific moment in time, the same dispute may be brought before the court again if it relies on facts that arise after that moment.
Furkan Ulugün
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