Introduction to Law Deneme Sınavı Sorusu #724438
What does "res judicata" mean in a trial?
An unappealable decision made in order to resume an action |
A procedural decision that allows the action to be filed again. |
A situation where the action can not be given judgement |
A judgement that renders the dispute unappealable |
A decision declaring the subject matter of the action has perished |
An unappealable decision made in order to resume an action is an interlocutory decision.
Procedural final decisions are the dismissal of the action on account of procedural errors. These decisions do not resolve the dispute; therefore, a new action may be filed again.
Final decisions of the court are generally categorized into three categories, which are
(1) procedural final decisions (or dismissal of the action on procedural grounds),
(2) the judgment (hüküm) (ruling on the merits),
(3) decisions declaring that the subject matter of the action has perished (therefore there is no need to render a judgment).
Judgments resolve the dispute and therefore constitute res judicata, upon which they become unappealable. If a party files another action identical to the previous one, the court must dismiss the action on account of a res judicata on
the matter.
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