Res Judicata and Dismissal of a Lawsuit for Prior Adjudication: Two Separate Legal Defenses

Abstract

This study examines a very important subject which relates to the right of raising defences in courts, by clarifying the special rules that govern two types of defences: Re Judicata and Autrefois Acquit.

The problem of this study has come in force due to confusion found among these defences particularly their definitions and the possibility of implementing on to them the special rales set by the Jordanian legislator.

The importance of this study is found to decide the ways that should be followed by the parties of the case and the judge to use or implement these defences properly.

This importance has also stemmed leaving the matter to the parties of the case to bring their dispute whenever they desire, will affect courts' decisions and open the door to from the fact that disputes endless.

In addition to the introduction and conclusion; the study is divided into three sections The first section clarifies the definition of both defences: Res Judicata and the Autrefois Acquit; the second deals with the conditions that should be found in both defences; and the third section distinguishes between both defences The conclusion of this study contains results and recommendations.

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