August 24, 2011 7:45 AM - Open Thread - dibs
563 comments
August 22, 2011 8:06 AM - Open Thread - N. Ter Vivos
To start this series, I thought I’d define a legal term and discuss how it affects the everyday person dealing with a lawsuit. I will also discuss an important part of small claims cases in New York City courts. With apologies to Sesame Street and CTW, today’s word is:
----------------------------------------“res judicata”-----------------------------------------
What the heck does that mean? Well, res judicata is Latin for “the thing has been judged.” When used in a courtroom setting, it effectively means that the subject of the lawsuit currently before the court was already dealt with in a prior lawsuit and the current lawsuit should not proceed. An example of res judicata in operation:
Lucy accuses Anna of breaking her stereo and wants Anna to pay for a new one. Lucy files a lawsuit against Anna in Small Claims Court in Brooklyn. The judge or arbitrator decides that Lucy does not have enough proof to show that Anna broke the stereo. Lucy loses her lawsuit. Unsatisfied, Lucy again files a lawsuit against Anna for the cost of her stereo. This time, Lucy files her lawsuit in Small Claims Court in Manhattan. On the appointed court date, Anna complains to the judge or arbitrator that Lucy already sued her for this very same reason in Brooklyn. Anna tells the judge or arbitrator that the case in Brooklyn was decided and Lucy lost. The judge or arbitrator finds in favor of Anna and dismisses Lucy’s claim. Not because s/he feels that Anna did not break Lucy’s stereo, but because of res judicata. The issue of Lucy’s broken stereo, as it relates to Anna, has already been decided by another court and will not be re-litigated.
Note that above, I said “judge or arbitrator.” In Small Claims Court, either an arbitrator or a judge may hear your claim. Both are legal professionals well versed in the applicable laws, but choosing one or the other will make a difference in your case, particularly your rights after the case is over. If you agree to have your case heard by an arbitrator, you must remember that the arbitrator’s decision cannot be appealed. Both parties must agree to have the case heard by an arbitrator. If you have your case heard by a judge, you can appeal his/her decision. If one or more parties to a small claims lawsuit do not agree to have the case heard by an arbitrator, it will have to be heard by a judge.
So, let’s go back to Lucy and Anna. If an arbitrator adjudicated Lucy’s case, she would be precluded by res judicata from re-litigating the case against Anna. If, however, a judge heard the case, Lucy would not need to file a new case and risk having it dismissed due to res judicata. Instead, she would simply file an appeal.
That being said, why would parties ever agree to have their case heard by an arbitrator instead of a judge? The most common reason arbitrators are chosen is that there are simply more of them available for hearing small claims cases. If, on the appointed court date, the parties insist that a judge hear their case, they may have to wait several days, possibly even weeks, before the case is heard. In some cases, the parties may be so sure of their case that they don’t foresee losing and possibly needing to appeal. Only you (or an attorney you personally consult) can make the decision about seeing an arbitrator or a judge. Be sure to think through your options and be sure you are making an informed decision.
In the next installment, I’ll discuss the standard of proof for civil cases, including small claims cases, and the standard of appeal. Until next time, stay legal!
*note that in criminal proceedings, res judicata is better known as ‘double jeopardy.’
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THIS ARTICLE IS PROVIDED ‘AS IS’ WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
----------------------------------------“res judicata”-----------------------------------------
What the heck does that mean? Well, res judicata is Latin for “the thing has been judged.” When used in a courtroom setting, it effectively means that the subject of the lawsuit currently before the court was already dealt with in a prior lawsuit and the current lawsuit should not proceed. An example of res judicata in operation:
Lucy accuses Anna of breaking her stereo and wants Anna to pay for a new one. Lucy files a lawsuit against Anna in Small Claims Court in Brooklyn. The judge or arbitrator decides that Lucy does not have enough proof to show that Anna broke the stereo. Lucy loses her lawsuit. Unsatisfied, Lucy again files a lawsuit against Anna for the cost of her stereo. This time, Lucy files her lawsuit in Small Claims Court in Manhattan. On the appointed court date, Anna complains to the judge or arbitrator that Lucy already sued her for this very same reason in Brooklyn. Anna tells the judge or arbitrator that the case in Brooklyn was decided and Lucy lost. The judge or arbitrator finds in favor of Anna and dismisses Lucy’s claim. Not because s/he feels that Anna did not break Lucy’s stereo, but because of res judicata. The issue of Lucy’s broken stereo, as it relates to Anna, has already been decided by another court and will not be re-litigated.
Note that above, I said “judge or arbitrator.” In Small Claims Court, either an arbitrator or a judge may hear your claim. Both are legal professionals well versed in the applicable laws, but choosing one or the other will make a difference in your case, particularly your rights after the case is over. If you agree to have your case heard by an arbitrator, you must remember that the arbitrator’s decision cannot be appealed. Both parties must agree to have the case heard by an arbitrator. If you have your case heard by a judge, you can appeal his/her decision. If one or more parties to a small claims lawsuit do not agree to have the case heard by an arbitrator, it will have to be heard by a judge.
So, let’s go back to Lucy and Anna. If an arbitrator adjudicated Lucy’s case, she would be precluded by res judicata from re-litigating the case against Anna. If, however, a judge heard the case, Lucy would not need to file a new case and risk having it dismissed due to res judicata. Instead, she would simply file an appeal.
That being said, why would parties ever agree to have their case heard by an arbitrator instead of a judge? The most common reason arbitrators are chosen is that there are simply more of them available for hearing small claims cases. If, on the appointed court date, the parties insist that a judge hear their case, they may have to wait several days, possibly even weeks, before the case is heard. In some cases, the parties may be so sure of their case that they don’t foresee losing and possibly needing to appeal. Only you (or an attorney you personally consult) can make the decision about seeing an arbitrator or a judge. Be sure to think through your options and be sure you are making an informed decision.
In the next installment, I’ll discuss the standard of proof for civil cases, including small claims cases, and the standard of appeal. Until next time, stay legal!
*note that in criminal proceedings, res judicata is better known as ‘double jeopardy.’
------------------------------------------------------------------------------------------------------------------------------------
THE INFORMATION CONTAINED IN THIS ARTICLE AND ON THIS WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS LEGAL ADVICE ON ANY SUBJECT MATTER. NO RECIPIENTS OF CONTENT FROM THIS SITE SHOULD ACT OR REFRAIN FROM ACTING ON THE BASIS OF ANY CONTENT INCLUDED IN THE ARTICLE OR THE SITE WITHOUT SEEKING THE APPROPRIATE LEGAL OR OTHER PROFESSIONAL ADVICE ON THE PARTICULAR FACTS AND CIRCUMSTANCES AT ISSUE FROM AN ATTORNEY LICENSED IN THE RECIPIENT'S STATE. THE CONTENT OF THIS ARTICLE AND WEEBSITE CONTAINS GENERAL INFORMATION AND MAY NOT REFLECT CURRENT LEGAL DEVELOPMENTS, VERDICTS OR SETTLEMENTS. THE AUTHOR AND THE WEBSITE OWNERS/OPERATORS EXPRESSLY DISCLAIM ALL LIABILITY IN RESPECT TO ACTIONS TAKEN OR NOT TAKEN BASED ON ANY OR ALL THE CONTENTS OF THIS ARTICLE AND WEBSITE. THE ARTICLES DO NOT REFLECT THE OPINIONS OF THE OWNERS/OPERATORS OF THIS WEBSITE. ANY MATERIALS INCORPORATED FROM OTHER WEBSITES OR LINKS TO OTHER WEBSITES ARE NOT NECESSARILY SPONSORED, ENDORSED OR OTHERWISE APPROVED OF BY THE OWNERS/OPERATORS OF THIS WEBSITE OR THE ARTICLE’S AUTHOR. THIS INFORMATION IS NOT INTENDED TO CREATE AND DOES NOT CONSTITUTE A LAWYER-CLIENT RELATIONSHIP WITH THE READER.
THIS ARTICLE IS PROVIDED ‘AS IS’ WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
