Thursday, 26 November 2015

Wrong end to The Good wife season 4 episode 6

Under civil law frameworks based on common law (which we have in the US), there is the doctrine of res judicata -- or "already judged." Once the appeals process is complete, or the time frame for filing appeal has run out, res judicata states that the suit cannot be brought again, even for new evidence (there are exceptions, such as proof of fraud). Its purpose is to strike a balance between the rights of the defendants and plantiffs as well as to make the courts run more efficiently ... kind of like the principle of double jeopardy under criminal law. The U.S. military has affirmed it holds to the doctrine of res judicata.



So in this episode, where the time for an appeal of the original case had likely long expired, it could not be brought again, as it would be dismissed as already ruled upon.

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