Res Judicata: A Handbook on Theory, Doctrine, and Practice

Res judicata is a major and critical topic in civil procedure. At a mundane level, the term specifies the effect that an adjudication has on subsequent litigation. At a more profound level, it 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. Authors Casad and Clermont believe that attention to the basic concepts and policies underlying res judicata helps the reader understand this concept. This book remains the only accessible, one-volume treatment of this important procedural topic. It will be useful for readers with some familiarity with the doctrine, for students reviewing the subject, or as a basic reference work.