What is the test for establishing that a final judgment is conclusive as to the rights of the same parties in all subsequent actions?

California, United States of America


The following excerpt is from People v. Superior Court (Jackson), 118 Cal.Rptr. 702, 44 Cal.App.3d 494 (Cal. App. 1975):

1 Res judicata means that an existing final judgment is conclusive as to the rights of the same parties in all subsequent actions on matters specifically adjudicated in the first suit. Collateral estoppel, on the other hand, is a doctrine of less extensive coverage and may be asserted in a subsequent suit on a different cause of action to prevent relitigation of a particular issue actually litigated in the prior judgment. (Busick v. Workmen's Comp. Appls. Bd. (1972) 7 Cal.3d 967, 972, 104 Cal.Rptr. 42, 500 P.2d 1386; 29 Cal.Jur.2d 214--215.)

2 This consideration, though closely related, is distinguishable and distinct from conspiracy's 'consistency rule' discussed elsewhere in this opinion.

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