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Should court permit a judgment procured through misrepresentation to bar a plenary action under Res Judicata rule?
Jbchang31
To put the question in perspective, the principle of res judicata (or res adjudicata) prevents one party from litigating an issue that has already been litigated between the same parties in a prior lawsuit with a judgment being rendered resolving the issue. So what happens if that judgment has been obtained by misrepresentations? The judgment will be given res judicata effect unless it is set aside on appeal, reopened or vacated. One thing that will not be permitted is a second suit on the same issue with the same evidence between the same parties just so the losing party can have a second chance to win. The original judgment must be addressed within the first action. This situation could arise in this way: Plaintiff files a plenary action against defendant on a debt. (Plenary action is just a fancy term for a lawsuit involving a trial with a jury.) Defendant wins and gets a judgment that the debt is not owed. Plaintiff being unhappy with the result decides at a later date to file a new lawsuit on the same debt. Defendant raises res judicata as a defense, the judgment having already decided the very issue in the second lawsuit. Plaintiff counters by saying the judgment was obtained by misrepresentation and should not be given res judicata effect. If Plaintiff knew during trial that Defendant's evidence was misrepresentation that the court mistakenly believed, Plaintiff's remedy is to take an appeal that judgment and have it set aside. Failure to appeal constitutes for all intents and purposes, acceptance of the decision. In the event that it is later discovered that Defendant obtained judgment by misrepresentation, Plaintiff may file a motion within the first lawsuit for an order to re-open the judgment for presentation of the new evidence. In the event that Defendant's misrepresentations were so egregious (such as outright perjury) as to make enforcing the judgment a miscarriage of justice, Plaintiff has the remedy of filing a motion within the first lawsuit for an order vacating the judgment entirely. Litigants are required to prosecute their claims seriously. Courts exist to do justice between the litigants and if a litigant fails to prosecute its claim timely and properly and winds up with an adverse judgment that should not have been entered, it is up to that litigant to act quickly to preserve his or her rights. Even a judgment obtained by fraud will be allowed to stand after some period of time. Litigants should not sleep on their rights and expect the courts to aid them after they have done nothing to help themselves.
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What does plenary mean?
it means to be full or unlimited e.g. Politicians have plenary power
How would you use plenary in a sentence?
Because of its importance, the case was presented at a plenary session.
What is plenary painting?
A Plenary painting is a painting that is totally complete. It is considered a full, complete, finished work of art.
What is the difference between panel discussion and plenary discussion?
Panel discussion involves a small group of experts discussing a specific topic in front of an audience, with each panelist offering their insights. Plenary discussion, on the other hand, involves a gathering of all participants at a conference or event, where ideas and perspectives are shared more broadly among all attendees.
How do you use plenary in a sentence?
All of the people he interviewed for the job were plenary. This sentence works because the word means unqualified or absolute.
What is plenary theory?
Plenary theory is a legal concept that refers to an unrestricted or complete power or authority held by a particular governing body or individual. It implies that the entity in consideration has the full and absolute authority to act or make decisions within its designated jurisdiction. Plenary theory is often associated with governmental bodies and regulatory agencies.
What is a seven letter word with the letters penarly?
plenary
What is Full power in respect to a court authority?
Plenary
What does plenary discussion mean?
(a.) Full; entire; complete; absolute; as, a plenary license; plenary authority.(n.) Decisive procedure.1.Full, complete.2. In the courts of admiralty, and in the English ecclesiastical courts, causes or suits in respect of the different course of proceeding in each, are termed plenary or summary. Plenary, or full and formal suits, are those in which the proceedings must be full and formal: the term summary is applied to those causes where the proceedings are more succinct and less formal. Law's Oughton, 41; 2 Chit. Pr. 481.Source: Bouvier's Law Dictionary, Revised 6th Ed (1856)
What are plenary power?
complete and absolute powers to perform some action
What is the plural of plenary?
Short answer: plenaries, but ... "Plenary" is an adjective meaning complete. It is often used to describe a meeting to which everyone is invited or expected to attend. Thus, we talk about plenary sessions at a conference. If you were to fall into the habit of referring to a plenary session as a plenary (and a break-out session as a "break-out") then, by extension, you would refer to several plenary sessions as plenaries. But why would you want to pass up a perfectly good opportunity to demonstrate that you know what "plenary" means, unless you were tweeting: "Attending both plenaries and 4 or 5 break-outs at today's #grammarconference!" It isn't inherently wrong to use an adjective as a noun; we do so a lot; e.g., "Respect the old, for one day you will be old yourself." But we must guard against overdoing it. That being said, "plenary" can also mean a small book that contains all four Gospels, so one could properly say, "The church gave plenaries to the initiates." At one time, these books were probably referred to as plenary collections and eventually, more simply, as plenaries. Lesson: when adjectives and nouns are frequently paired together in a professional or vocational setting, the nouns are likely to be dropped and the adjectives to become nouns. Thus, we create jargon, and in doing so we risk losing sight of the original versatility of the adjectives. One might know that a plenary is a collection of the four Gospels without knowing why it is referred to as such, with no sense of the completeness of the object.
Where do you find a discography of Stereophonics plenary musical works?
A person could find the discography of Stereophonics plenary musical works at the BBC Musical Library. One could also find this at Digital Spy in the UK.
