Actions and Causes of Action

McCaskill, Oliver L.

doi:10.2307/788866

Cited by 2 publications

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“…Ill, sec. 1517(1925; The Municipality of Ramat- Gan v. Pardes Yanai Inc. (1956) 10 P. D. 1804, 1814Attiah v. Berda (1955) 9 P.D.…”

Section: Preliminarymentioning

confidence: 99%

Res Judicata and Identity of Actions Law and Rationale

Harnon¹

1966

Isr. law rev.

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The broad meaning of the term res judicata covers all of the various possible binding effects of a judgment on subsequent litigation.It may be assumed that the need for finality of judgment is recognized by many, if not by all, systems of law. The present study, however, is directed to the examination of the rationale behind the doctrine of res judicata and the meaning of the identity of actions, as reflected in Anglo-American and Israeli law.Res judicata is evidently not one of the easy problems in jurisprudence as many have noted in the past. As to England and Israel in particular, one can hardly say it has been adequately explored.It should be pointed out that the discussion is focused on judgments in personan, as distinguished from judgments in rem or quasi in rem; it does not deal with criminal cases, nor with decisions of administrative tribunals.All three legal systems recognize two facets of res judicata. In spite of variations in terminology, these basic principles are usually held and understood identically.

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“…Ill, sec. 1517(1925; The Municipality of Ramat- Gan v. Pardes Yanai Inc. (1956) 10 P. D. 1804, 1814Attiah v. Berda (1955) 9 P.D.…”

Section: Preliminarymentioning

confidence: 99%

Res Judicata and Identity of Actions Law and Rationale

Harnon¹

1966

Isr. law rev.

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David Dudley Field and the Field Code: A Historical Analysis of an Earlier Procedural Vision

Subrin¹

1988

Law hist. rev.

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With current procedure under assault, this is a particularly important time to study the procedural rules and thought of David Dudley Field's era. The present espousal of such devices as case management and alternative dispute resolution is both a sign of and a reaction to a procedural regime that is in question and in decline, if not in its death throes. But before embarking on new procedural roads or recommitting ourselves to old paths, we need to reflect upon our procedural ancestry in some detail.

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Actions and Causes of Action

Abstract: 0. L. MCCASKML "Ibid. sec. 31, note. "oPomeroy, op. cit. mipra note 4, sec. 348. Ibid. sec. 347, concluding part. Clark, The Code Cause of Action (924) 33 YALE LAw JOURNAL, 817, 826.

Cited by 2 publications

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Res Judicata and Identity of Actions Law and Rationale

Res Judicata and Identity of Actions Law and Rationale

David Dudley Field and the Field Code: A Historical Analysis of an Earlier Procedural Vision

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