Practice Quiz

Paralegal

Category - Legal System

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Under res judicata, parties to a litigation case are prevented from relitigating a claim if the same parties litigated the same claim in prior litigation that reached a determination of the claim. If Mary sued Robert for breach of contract, but the court dismissed the action under Rule 12(b) for failure to state a claim, is Mary prohibited from re-filing the action (using a revised complaint) under res judicata?
  1. Yes, because the court reached a determination in the first action.
  2. Yes, because the same parties are involved in the second suit.
  3. No, because the court did not reach a determination in the first action.
  4. No, because the revised complaint changes the claim before the court.
Explanation
Answer: C - No, because the court did not reach a determination in the first action. Res judicata prevents parties from relitigating a claim in a second action. Here, Mary’s second action is not prohibited on res judicata grounds because the court dismissed the first action for failure to state a claim. In other words, the court did not make a ruling on the merits. The revised complaint is not a new or different claim because it still involves breach of contract against Robert, but with more facts alleged that will be sufficient for a prima facie case.
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