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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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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
wiley +1 more source
Revista Eletrônica de Direito Processual, 2019 This article aims to analyse the institute of action of termination and the impacts that the CPC/2015 resulted in the expansion of cognition and the possibility of partial challenges.
Vinicius Silva Lemos
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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
wiley +1 more source
Revista da Faculdade de Direito da Universidade Federal de Minas Gerais, 2015 RESUMO Diante da discussão, no Poder Legislativo, de um novo Código de Processo Civil, os institutos processais devem ser analisados com vistas a definir a sua futura conformação.
jOÃO ALBERTO DE ALMEIDA +1 more
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PRISON BEFORE RES JUDICATA: A PRAGMATICS OF MEANING
Revista Eletrônica do Curso de Direito da UFSM, 2019 In this paper we analyze the construction formed by the Brazilian Supreme Court in the judgment of Great Writ Nº 126.292/SP according to which the principle of the presumption of innocence provided in article 5º, LVII, of the Brazilian Constitution does ...
Cecília Caballero Lois +1 more
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res judicata of Countervailing Defense
Wonkwang University Legal Research Institute, 2023 Article 216 of the Civil Procedure Act stipulates that in paragragh 1, a final judgement has res judicata only if it is included in the order. Even if the judgement is confirmed, if the judgement in the grounds of judgement is not binding, the dispute may be reproduced and the judgements in the grounds of judgement may be contradictory, so it is a ...
Jun-Ho Bae, Jung-Hyun Phee
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Revista Eletrônica de Direito Processual, 2021 The purpose of this article is to analyze the scope of the rescission action for violation of the judicial precedent, specifically in contained list of art. 927, CPC15. Having verified this, a proposal arises to apply the same rule to arbitration awards.
Luan Eduardo Steffler
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Procedural Law as an Exercise in Reconciling Public Interest and Individual Rights: The Example of Res Judicata [PDF]
, 2018 Res judicata is a quasi-universal principle, present in every modern European legal system. Although it is understood in very different ways in Civil Law and Common Law traditions, it plays a remarkably similar role in both.
Turmo, Araceli
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Revista Eletrônica de Direito Processual, 2021 The article aims to investigate the legal nature of stabilizing anticipation of tutelage, in order to distinguish it from res judicata, identifying the effects of each one in the process.
Ricardo Schneider Rodrigues +1 more
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