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Does Res Judicata apply in civil actions against a criminal complaint?

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Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? MA

Can a matter or detail of a case that was brought up (or could have been brought up) in a criminal conviction be raised again for argument in a civil hearing?
Yes. But it may or may not be relevant or admissible.
 

Zigner

Senior Member, Non-Attorney
This is the guy that admitted to some sort of offense against a child: https://forum.freeadvice.com/sentencing-parole-pardons-plea-bargains-29/plea-bargain-justice-604698.html
 

Proserpina

Senior Member
What is the name of your state (only U.S. law)? MA

Can a matter or detail of a case that was brought up (or could have been brought up) in a criminal conviction be raised again for argument in a civil hearing?

Send an email to the Brown and Goldman families. They'd be happy to tell you.

Or, if it means you won't start another 50 threads on the same topic... "Yes, very often". Res judicata generally requires the same parties to be involved (along with several other elements). In the example give, it was the State vs. Simpson. In the civil matter, it was the families vs. Simpson.
 
This is the guy that admitted to some sort of offense against a child: https://forum.freeadvice.com/sentencing-parole-pardons-plea-bargains-29/plea-bargain-justice-604698.html

Zigners the guy who points the finger at everyone else to make himself feel useful. I owe you no explanation, if you were a decent person I would probably explain myself.

Everyone who's contributing something useful, thank you for your feedback.
 

Proserpina

Senior Member
So the state, or an agency of the state, could be prohibited from hearing a matter that was, or could have been, heard in the original criminal hearing?


Pretty sure that's not what was said.

Res judicata essentially means that two parties who have already litigated a case, cannot re-litigate the same case.

It does not mean that neither party can ever mention the case (or the details) in a different suit. It doesn't interfere with the appeals process, either, except from preventing either party from trying to have another bite at the apple once the appeals process is exhausted even if the final judgment is contrary to law.

But cut to the chase. What are you REALLY asking us?
 

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