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Bar Remedial Law Practice Exam
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In res judicata analysis, the fact that a ground could have been raised in the first petition demonstrates which rule?
The court must reopen the case at will.
The second petition is always allowed.
A judgment is conclusive on matters that could have been raised in relation thereto.
Only matters pled in the first petition are binding.
Reveal Answer
Correct Answer:
A judgment is conclusive on matters that could have been raised in relation thereto.
Explanation:
In res judicata, once a judgment on the merits becomes final, it binds the parties not only about what was actually argued, but also about what could have been argued in that same action. The reason is to promote finality and prevent piecemeal litigation. If a ground could have been raised in the first petition, it is treated as having been raised for purposes of the judgment, so the judgment is conclusive on that matter in relation to the parties. That’s why the rule is that a judgment is conclusive on matters that could have been raised in relation thereto. The other options don’t capture this scope: a court isn’t obligated to reopen the case at will, a second petition isn’t always permitted, and the binding extends to matters that could have been raised as well as those actually pled.
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