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Double Jeopardy is the term for the unconstitutional practice of being charged for the same crime twice in the criminal law context. So the previous answer is partly correct in that double jeopardy prevents the state from "taking a second bite of the apple" with regard to a specific criminal prosecution. More generally, courts do not allow the same argument to be presented again after a decision has been made unless the initial court decision is somehow flawed procedurally or wrong on the law. No term is usually applied to the situation where a criminal defendant is attempting to make the same arguments on appeal without a clear court error, beyond the term "denied", though that too would be attempting to "take a second bite at the apple" . In the civil context, courts have referred to making the same litigated arguments in a subsequent action as "taking a second bite at the apple" and rejecting them in decisions through out the country hundreds of times.

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9y ago

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