A patient brought suit against a hospital for injuries sustained in a fall. The case went to trial and the jury found for the hospital. Can the patient take this same suit and evidence to another trial court in hopes of a different decision?
1. Yes, because of the doctrine of precedent
2. No, this is a landmark decision.
3. Yes, stare decisis allows retrial.
4. No, because of the doctrine of res judicata
4
Rationale: Res judicata means "a thing or matter settled by judgment" and applies when a legal dispute has been decided by a competent court of jurisdiction. This doctrine prevents the same parties in the original lawsuit from retrying the same issues involved in the first lawsuit. Res judicata does not apply to competent appeals to an appellate court. The doctrine of precedent, or stare decisis, means to "let the decision stand" and is applied by courts of law in cases with similar fact patterns that have been previously decided by the court system. Landmark decisions signify that precedent is changed by the current court decision.
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