res judicata effect造句

• Not all administrative adjudications, and not all judicial determinations, are entitled to res judicata effect.
• The court here also dismissed the complaint, but on the grounds that " the res judicata effect " precludes this separate claim in a different state.
• In 1975 the Court of Claims, although acknowledging the merit of the Sioux's claim, held that the res judicata effect of the 1942 dismissal barred the suit.
• Congress'mere waiver of the res judicata effect of a prior judicial decision rejecting the validity of a legal claim against the United States does not violate the doctrine of separation of powers ."
• The Court correctly notes, see ante, at 20, and n . 5, that our opinion in Sioux Nation prominently discussed precedents establishing Congress'power to waive the res judicata effect of judgments against the United States.
• The basis for our rejection was a line of precedent ( starting with Cherokee Nation v . United States, 270 U . S . 476 ( 1926 ) ) that stood, we said, for the proposition that " Congress has the power to waive the res judicata effect of a prior judgment entered in the Government's favor on a claim against the United States ."
• ""'United States v . Utah Construction & Mining Company " "', United States Supreme Court case in which the Court held that " ( w ) hen an administrative agency is acting in a judicial capacity and resolves disputed issues of fact properly before it which the parties have had an adequate opportunity to litigate, the courts have not hesitated to apply " res judicata " to enforce repose . " Utah Construction established a two-part test to determine whether res judicata effect should be given to an administrative determination.
• See id ., at 40, 42; see also Restatement ( Second ) of Judgments ss42 ( d ) and ( e ), Comments e and f, pp . 406, 410-412 ( 1982 ) ( noting, inter alia, that judgment is not binding on purportedly represented person where, to the knowledge of the opposing party, the representative seeks to advance his own interest at the expense of the represented person ); see also id ., s41, Comment a, p . 394 ( if s42 circumstances exist, " the represented person may avoid being bound either by appearing in the action before rendition of the judgment or by attacking the judgment by subsequent proceedings " ) . ( Emphasis added . ) A court conducting an action cannot predetermine the res judicata effect of the judgment; that effect can be tested only in a subsequent action.