What is the exception to the doctrine of Res Judicata?

What is the exception to the doctrine of Res Judicata?

• A. Personal injury not raised in divorce proceeding
• B. Consent judgments
• C. New claims can always be added
• D. Only if the defendant agrees

Answer: (A)

Res judicata, or claim preclusion, normally prevents bringing a later lawsuit on a claim that was or could have been raised in a final judgment on the merits. An exception to this rule is personal injuries not raised in a divorce proceeding. A divorce action deals with the dissolution of the marriage and related issues, not all tort claims between the spouses. If a personal injury claim arising during the marriage isn’t raised in the divorce case, it isn’t barred by the divorce judgment and can be pursued separately. But if that injury claim was actually raised in the divorce proceeding, the judgment would bar a separate tort action for the same injury. The other options don’t describe recognized exceptions: consent judgments are just final judgments and don’t create a general exception to res judicata; new claims aren’t always allowed after a final judgment; and a defendant’s agreement doesn’t by itself establish an exception.

Res judicata, or claim preclusion, normally prevents bringing a later lawsuit on a claim that was or could have been raised in a final judgment on the merits. An exception to this rule is personal injuries not raised in a divorce proceeding. A divorce action deals with the dissolution of the marriage and related issues, not all tort claims between the spouses. If a personal injury claim arising during the marriage isn’t raised in the divorce case, it isn’t barred by the divorce judgment and can be pursued separately. But if that injury claim was actually raised in the divorce proceeding, the judgment would bar a separate tort action for the same injury.

The other options don’t describe recognized exceptions: consent judgments are just final judgments and don’t create a general exception to res judicata; new claims aren’t always allowed after a final judgment; and a defendant’s agreement doesn’t by itself establish an exception.