What is directly and substantially in issue?

The word directly in issue means immediately and without intervention and such cannot be said to be directly in issue if the judgement stands whether such facts exists or not. It has to be based on facts and circumstances of each case. Whereas substantially means essentially.

What is a substantial right?

Legal Definition of substantial right : an important or essential right that merits enforcement or protection by the law : a right related to a matter of substance as distinguished from a matter of form.

What is the meaning of res Iudicata?

res judicata, (Latin: “a thing adjudged”), a thing or matter that has been finally juridically decided on its merits and cannot be litigated again between the same parties. The term is often used in reference to the maxim that repeated reexamination of adjudicated disputes is not in any society’s interest.

What is matter in issue in CPC?

[1] In every suit the said cause of action has to be either proved or disproved by the adverse parties. The process of proving and disproving can be done on basis of certain facts. These facts which essentially go on to prove or disprove the cause of action will be called the matter in issue.

What is CPC issue?

The term “issue” in a civil case means a disputed question relating to rival contentions in a suit. It is the focal point of disagreement, argument or decision. Then there arises a distinct dispute and that dispute is termed an “issue”. The court can then frame issues based on the facts of the case and proceed with it.

What does substantially mean in law?

Substantial. Of real worth and importance; of considerable value; valuable. Belonging to substance; actually existing; real; not seeming or imaginary; not illusive; solid; true; veritable. The right to Freedom of Speech, for example, is a substantial right.

What does as a matter of right mean?

as a matter of right adverb be entitled to, by right, correctly, duly, fitting, properly, rightfully, with authority.

What is the difference between and and/or on a legal document?

Lawyers use it in all types of legal contexts — including statutes, contracts, and pleadings. It has a definite, agreed-upon meaning: when used properly, the construct means “A or B or both.” In most areas of law, there simply is no compelling reason to avoid using and/or. The term is clear and concise.

When a judge makes a decision what is it called?

In law, a judgment, also spelled judgement, is a decision of a court regarding the rights and liabilities of parties in a legal action or proceeding.

What does preclusion mean in law?

Issue preclusion, also called collateral estoppel, means that a valid and final judgment binds the plaintiff, defendant, and their privies in subsequent actions on different causes of action between them (or their privies) as to same issues actually litigated and essential to the judgment in the first action.

What does preclusive effect mean?

Under claim preclusion, a final judgment on the merits is conclusive as to the rights of the parties on the decided claims. Issue preclusion applies in a subsequent proceeding when a question directly involved in one action has been decided and thus is settled as to those parties.

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