Res judicata means
"a thing adjudicated"; "a case already decided"; or "a
matter settled by a decision or judgment".
Stare decisis means "to stand by decided
cases", "to uphold precedents", "to maintain former
adjudications", or "not to disturb settled law". Those things
which have been so often adjudged ought to rest in peace.
Res judicata and Stare decisis are members of the
same family. Both relate to adjudication of matters. Both deal with final
determination of contested questions and have the binding effect in future
litigation. Both the doctrines are the result of decisions of a competent court
of law and based on public policy.
There is , however, distinction between the two.
Whereas res judicata is based upon conclusiveness of judgement and adjudication
of prior findings, stare decisis rests on legal principles.
Res judicata binds parties and privies, while
stare decisis operates between stranger also and binds courts from taking
a contrary view on the point of law already decided.
Res judicata relates to a specific controversy,
stare decisis touches legal principles.
Res judicata presupposes judicial finding upon the
same facts as involved in subsequent litigation between the same parties.
Stare decisis applies to same principle of law to all parties.
Courtesy:- Dr. Deepak Miglani
3 comments:
Very nicely interpreted.
Thank you!
I've had a hard time trying to really understand the concept of both doctrines. This made it easier to understand. Thank you!
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