Res Judicata by Casad, Robert C.; Clermont, Kevin M., 9780890897058
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  • ISBN: 9780890897058 | 0890897050
  • Cover: Paperback
  • Copyright: 5/1/2001

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Res judicata is a major and critical topic in civil procedure. At a mundane level, res judicata specifies the effect that an adjudication has on subsequent litigation. At a more profound level, res judicata is the law that sets the boundaries on the output of the judicial branch of government. In other words, it specifies what a judgment decides and does not decide and how a judgment differs from legislation and administration. It is a policy-driven and judge-made body of law, generated independently by each of the states, by the federal system, and by each country.

The book is written at a middle level of depth, between a simplistic summary of the doctrine and a personalized reformulation of the subject. The latter is the domain of difficult and theoretical law review articles, and the former is served by outlines and nutshells.

The three major parts of the book cover theory, doctrine, and practice. This book does not avoid theory. The authors believe that attention to the basic concepts and policies underlying res judicata really helps the reader understa

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