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The Law on Res Judicata and Double Jeopardy


ISBN13: 9781854758514
ISBN: 1854758519
Published: April 1999
Publisher: Bloomsbury Professional
Country of Publication: Ireland
Format: Hardback
Price: Out of print



""The law of res judicata deals with all of the circumstances in which parties are barred from litigating an issue because of the result of previous litigation. It pervades many areas of the law, both civil and criminal. In the area of criminal law, both double jeopardy and res judicata play a role. Double jeopardy is concerned with how many times the state can prosecute someone for the same offence.There has been an explosion of interest in res judicata in recent years and it is now one of the most rapidly expanding areas of Irish law. This unique book provides an exhaustive guide to this difficult but crucial area of the law.""

Subjects:
Irish Law
Contents:
""Introduction. Part I: Civil Law. Historical Background. A Theory of Res Judicata. Judgments Capable of Giving Rise to Res Judicata. The Parties Bound by Estoppel. Cause of Action Estoppel. Issue Estoppel. Estoppel by Omission. The Death of Mutuality in Issue Estoppel. Rating, Tax and Statutory Interpretation. Running Down Actions. Public Law Litigation. Family Law. Foreign Judgments as Res Judicata. Other Areas. The Doctrine of Merger. Exceptions and Defences to Res Judicata. Quasi Res Judicata: Abuse of Process. Practice and Procedure. Part II: Criminal Law. Introduction to Double Jeopardy. A Theory of Double Jeopardy. The Requirements of the Special Pleas. Mistrials. State Appeals from an Acquittal. Statutory Protection Against Double Jeopardy. International Aspects of Double Jeopardy. Issue Estoppel Between Two Sets of Criminal Proceedings. The Res Judicata Effect of Criminal Proceedings on Subsequent Civil Action. Abuse of Process and Perjury. Double Jeopardy Protection in International Human Rights Law. Practice and Procedure. Conclusions and Reform.""