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adjudication:
n. (17c)
1. The legal process of resolving a dispute; the process of judicially deciding a case.
2. JUDGMENT.. [1]
1. The determination of the issues in an action according to which judgment is rendered; a solemn, final, and deliberate determination of an issue by the judicial power, after a hearing in respect to the matters determined. Sans v New York, 31 NY Misc 559, 560 64 NYS 681. [2]
1. The final decision of a court, usually made after trial of the case; the court’s final judgment. [3]
Excerpt from John Finnis’ Philosophy of Law (2011):
“Adjudication is the effort to identify the rights of the contending parties now by identifying what were, in law, the rights and wrongs, or validity or invalidity, of their actions and transactions when entered upon and done.” [4]
former adjudication – (18c) A judgment in a prior action that resulted in a final determination of the rights of the parties or essential fact questions and serves to bar relitigation of the issues relevant to that determination. * Collateral estoppel and res judicata are the two types of former adjudication. See COLLATERAL ESTOPPEL; RES JUDICATA. [1]
3. Scots law. The Court of Session’s transfer of heritable property to a creditor as security for or in satisfaction Of a debt, or its vesting title in an entitled claimant.
adjudication hearing – See HEARING.
adjudication withheld – See DEFERRED PROSECUTION.
adjudicative – adj. (1848) 1. Of, relating to, or involving adjudication. 2. Having the ability to judge. — aka adjudicatory; judicative.
adjudicative-claims arbitration – See ARBITRATION.
adjudicative fact – See FACT.
adjudicative law – See CASELAW.
adjudicator – (1835) A person whose job is to render binding decisions; one who makes judicial pronouncements.
adjudicatory hearing – See adjudication hearing under HEARING.
adjudicatory jurisdiction – See JURISDICTION (2).
adjudicatory proceeding – See adjudication hearing under HEARING.
ad judicium provocare – vb. [Latin] To summon to court; to commence an action. [1]
articulate adjudication – (Scotch.) The practice of ascertaining the amount of each debt by itself where several different debts are due one creditor.
prior adjudication – A previous judgment in which the same matter in a dispute between the same parties was, or might have been put in issue and tried. Cromwell v Sac County (US) 4 Otto 251, 24 L Ed 195.
See res judicata.
res judicata:
1. Literally, the thing has been decided, been adjudicated. State v Wear, 145 M0 162, 192, 46 SW 1099.
The principle that an existing final judgment rendered upon the merits, without fraud or collusion, by a court of competent jurisdiction, is conclusive of rights, questions, and ‘ facts in issue, as to the parties and their privies, in I all other actions in the same or any other judicial tribunal of concurrent jurisdiction. 30A Am J Rev ed Judgm § 324.
The effect of a judgment as res judicata appears in at least three aspects, viz. merger of cause of action, bar, and estoppel. Anno: 49 ALR2d 1038.
A difference exists between the effect of a judgment as a bar to a second action between the same parties upon the same claim or demand and its effect in another action upon a different cause of action; in the former case, the judgment on the merits constitutes an absolute bar to the second action, being a finality, not only as to every matter which was offered and received to sustain or defeat the claim or demand, but also as to any other admissible matter which might have been offered for that purpose; in the latter case, the judgment is a bar only as to the matters actually litigated and determined in the former action, and not as to what might have been litigated and determined therein. Smith v Smith, 235 Minn 412, 51 NW2d 276, 32 ALR2d 1135.
Res judicata facit ex albo nigrum, ex nigro album, ex curvo rectum, ex recto curvum – When anything has been adjudicated, it makes white black, black white, curved straight and straight curved.
Res judicata pro veritate accipitur – (Civil law.) A matter which has been adjudicated is accepted or received as true.
Res judicata pro veritate habetur – An adjudicated matter shall be deemed correct. O’Donnell v Glenn, 9 Mont 452, 23 P 1018. [2]
References:
Disclaimer: All material throughout this website is compiled in accordance with Fair Use.
[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6
[2]: Ballantine’s Law Dictionary with Pronunciations
Third Edition by James A. Ballantine (James Arthur 1871-1949). Edited by William S. Anderson. © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY. Library of Congress Catalog Card No. 68-30931
[3]: Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine (James Arthur 1871-1949). Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning. ISBN 0-8273-4874-6.
[4]: John Finnis, Philosophy of Law 399 (2011).
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