Which term describes a legal principle that bars a party from re-litigating an issue that has been resolved?

Prepare for the Legal Clerk Exam with our engaging multiple-choice questions. Benefit from clear explanations and hints for each question to enhance your understanding and boost your exam confidence!

The term that describes a legal principle barring a party from re-litigating an issue that has already been resolved is res judicata. This principle is based on the idea that once a court has made a final determination on a matter, the same parties cannot bring the same issue again in another lawsuit. Res judicata serves to promote the finality of decisions, ensuring that litigation is concluded efficiently and preventing the possibility of conflicting rulings on the same facts and legal issues.

Stare decisis, while related, refers specifically to the legal doctrine that mandates courts to follow precedents set by previous decisions in similar cases. It does not directly pertain to the barring of re-litigation by the same parties.

Adverse possession is a legal concept that enables a person to claim ownership of land under certain conditions, rather than dealing with litigation principles.

Double jeopardy is a constitutional protection against being tried for the same crime twice after an acquittal or conviction, but it does not apply to civil cases or to issues that have been resolved in a legal context outside of criminal law.

Thus, res judicata accurately encapsulates the principle of preventing re-litigation of resolved issues.

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