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Illini Women's Basketball Allegations
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<blockquote data-quote="AutoPoster 3000" data-source="post: 1129805" data-attributes="member: 17214"><p>Answering #2, double jeopardy only applies to prohibit the government from trying a criminal defendant twice for the same crime. </p><p></p><p>As for #1, the term for civil cases is res judicata, which basically means that you can't raise the same claim once it has been decited by a court on the merits. "On the merits" meaning, in layman's terms, that the court made some determination that one side or the other is right. Doesn't necessarily mean after a trial and verdict. After both sides have submitted their pleadings, either one can move for summary judgment, arguing that their claims are so obviously right that the court should just decide in their favor right away because there is no genuine dispute about some key fact or legal principal. Usually the defendant so moves, and if he wins, that's res judicata. </p><p></p><p>Res judicata usually doesn't attach when the court grants a motion to dismiss, because all they are saying is the allegations in the complaint aren't enough to establish a case. The defendant doesn't even have to present their side at that stage. And the plaintiff can go back and try to fix their pleadings and refile. But practically speaking, if the plaintiff laid out what they had in the complaint and it got dismissed and there's really nothing else to enhance the original allegations, that should be the end of it. </p><p></p><p>If I'm off on any of that, blame my law school civil procedure professor.</p></blockquote><p></p>
[QUOTE="AutoPoster 3000, post: 1129805, member: 17214"] Answering #2, double jeopardy only applies to prohibit the government from trying a criminal defendant twice for the same crime. As for #1, the term for civil cases is res judicata, which basically means that you can't raise the same claim once it has been decited by a court on the merits. "On the merits" meaning, in layman's terms, that the court made some determination that one side or the other is right. Doesn't necessarily mean after a trial and verdict. After both sides have submitted their pleadings, either one can move for summary judgment, arguing that their claims are so obviously right that the court should just decide in their favor right away because there is no genuine dispute about some key fact or legal principal. Usually the defendant so moves, and if he wins, that's res judicata. Res judicata usually doesn't attach when the court grants a motion to dismiss, because all they are saying is the allegations in the complaint aren't enough to establish a case. The defendant doesn't even have to present their side at that stage. And the plaintiff can go back and try to fix their pleadings and refile. But practically speaking, if the plaintiff laid out what they had in the complaint and it got dismissed and there's really nothing else to enhance the original allegations, that should be the end of it. If I'm off on any of that, blame my law school civil procedure professor. [/QUOTE]
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