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Essay Multiple Choice

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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

A plaintiff loses a claim by a final merits judgment of a competent court. The plaintiff sues the same defendant again on the same cause and subject, in the same capacities, merely giving the pleading a different title. All other requisites are present. Which is correct?

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The second suit automatically becomes a foreign judgment. A new title necessarily creates a new cause. Bar by prior judgment applies despite the changed pleading label. The first judgment vanishes upon refiling.

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