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Res Judicata

In general, a judgment is res judicata not only as to all matters litigated and decided by it, but also as to all relevant issues which could have been, but were not, raised and litigated in the suit. P. 327 U. S. 735. U.S. Supreme Court Heiser v. Woodruff, 327 U.S. 726 (1946) No. 496. Argued March 5, 1946 Decided April 22, 1946

The fundamental doctrine of res judicata rests at the core of our judicial system… the fundamental doctrine of res judicata is the constitutional mandate that all courts in the United States must give full faith and credit to the decisions of other courts, be they territorial, state, federal, or special tribunals. U.S. Const. art. IV, § 1. Again, the full faith and credit principle furthers the goals of certainty, finality, and comity in legal dealings within our nation… Res judicata is a "general and well-established doctrine . . . conceived in the light of the maxim that the interest of the state requires that there be an end to litigation a maxim which comports with common sense as well as public policy." Federated Department Stores, Inc. v. Moitie, 452 U.S. 394, 401, 101 S. Ct. 2424, 2429, 69 L. Ed. 2d 103 (1981) (quoting Reed v. Allen, 286 U.S. 191, 198-99, 52 S. Ct. 532, 533, 76 L. Ed. 1054 (1932)).  In the Matter of Adrian Bonilla MONTALVO, Debtor. Adrian Bonilla MONTALVO, Plaintiff-Appellant, v. BANCO COMERCIAL DE MAYAGUEZ; Neftali Rosa; Eugenio Rivera; Dagoberto Montalvo Ignacio; Neca Mortgage Corp.; Eddie Acaron, and Frank Ramirez Ramirez, Defendants-Appellees. Civ. No. 92-2333 (JAF), Bankruptcy No. 87-00304 (SEK), Adv. No. 89-0029. United States District Court, D. Puerto Rico. July 8, 1993.
 
Res Judicata is a principle or maxim in law that deals with cases already adjudicated and said cases, either quotes or the case itself is then used for substantiating the accuser or defendants proof of claim; expression of pre-existing rights, constitutional enforcement, the adherence to due process, or commanding the courts to act on a matter, make a decision or issue a judgment or decree in your favor, et alia.
Res judicata (RJ) or res iudicata, also known as claim preclusion, is the Latin term for "a matter [already] judged", and refers to either of two concepts: in both civil law and common law legal systems, a case in which there has been a final judgment and is no longer subject to appeal; and the legal doctrine meant to bar (or preclude) continued litigation of a case on same issues between the same parties. In this latter usage, the term is synonymous with "issue preclusion". In the case of res judicata, the matter cannot be raised again, either in the same court or in a different court. A court will use res judicata to deny reconsideration of a matter.

The doctrine of res judicata is a method of preventing injustice to the parties of a case supposedly finished, but perhaps also or mostly a way of avoiding unnecessary waste of resources in the court system. Res judicata does not merely prevent future judgments from contradicting earlier ones, but also prevents litigants from multiplying judgments, and confusion. Res judicata includes two related concepts: claim preclusion and issue preclusion (also called collateral estoppel or issue estoppel), though sometimes res judicata is used more narrowly to mean only claim preclusion.

Claim preclusion bars a suit from being brought again on an event which was the subject of a previous legal cause of action that has already been finally decided between the parties or those in privity with a party. Issue preclusion bars the re-litigation of issues of fact or law that have already been necessarily determined by a judge or jury as part of an earlier case. Res judicata is intended to strike a balance between competing interests. Its primary purpose is to assure an efficient judicial system. A related purpose is to create "repose" and finality.

Justice Stewart explained the need for this legal precept as follows:
Federal courts have traditionally adhered to the related doctrines of res judicata (claim preclusion) and collateral estoppel (issue preclusion). Under RJ, a final judgment on the merits of an action precludes the parties . . . from re-litigating issues that were or could have been raised in that action. Under collateral estoppel, once a court has decided an issue of fact or law necessary to its judgment, that decision may preclude re-litigation of the issue in a suit on a different cause of action involving a party to the first cause. As this court and other courts have often recognized, res judicata and collateral estoppel relieve parties of the costs and vexation of multiple lawsuits, conserve judicial resources, and by preventing inconsistent decisions, encourage reliance on adjudication.
 
Abbott Laboratories v Granite State INS. CO. 573 F Supp 193. Crosskey, politics and the constitution in the history of the united states ch XXVI, and particularly at 916-19 ff (1953). As professor Crosskey has also pointed out (id at ch XX - XXI) under a reading that the term “Laws” include the “common law” as well as legislation… a federal decision on any substantive common law question would then become binding on all state courts. Failure or refusal of a state court to follow that decision would then pose the federal question.
United States Supreme Court – Durfee v Duke 375 U.S. 106. The constitutional command of full faith and credit, as implemented by congress, generally requires every state to give to a judgement at least the res judicata effect which the judgement would be accorded in the state which rendered it… res judicata [is] part of national jurisprudence… The principles of res judicata apply to questions of jurisdiction as well as to other issues, as well to jurisdiction of the subject-matter as of the parties.
 
Massachusetts Supreme Judicial Court – Bagley v Moxley 407 Mass 633. "`Res judicata' is the generic term for various doctrines by which a judgment in one action has a binding effect in another." Heacock v. Heacock, 402 Mass. 21, 23 n. 2 (1988). This court has recognized that "[t]he doctrine of res judicata . . . [is] most important in assuring that judgments are conclusive, thus avoiding relitigation of issues that were or could have been raised in the original action." Anderson v. Phoenix Inv. Counsel of Boston, Inc., 387 Mass. 444, 449 (1982). Application of the doctrine may serve to "relieve parties of the cost and vexation of multiple lawsuits, conserve judicial resources, and, by preventing inconsistent decisions, encourage reliance on adjudication." Id., quoting Allen v. McCurry, 449 U.S. 90, 94 (1980).
 
Massachusetts Supreme Judicial Court – Alicea v Commonwealth 466 Mass 228, 234 99 N.E. 2d 725. Whether federal court judgement or order has preclusive effect in state court proceeding is governed by federal common law not by state law… whether a previous decision is to be given preclusive effect presents a question of law appropriate for resolution on summary judgement… The preclusive effect of a federal court judgement is governed by federal common law. Under federal common law, the doctrines of claim preclusion and issue preclusion (collectively res judicata) define the preclusive effect of a prior judgement… Together, claim preclusion and issue preclusion promote judicial economy and comity between the state and federal courts, prevent the cost and aggravation of additional litigation, and encourage reliance on prior adjudications… under the doctrine of claim preclusion, a final judgement forecloses successive litigation of the very same claim, whether or not relitigating of the same claim raises the same issue as the earlier suit. Issue preclusion, in contrast bars successive litigation of an issue of fact of law actually litigated and resolved in a valid court determined essential to the prior judgement, even if the issue recurs in the context of a different claim. Together, claim preclusion and issue preclusion relieve parties of the cost and vexation of multiple lawsuits, conserve judicial resources, and, by preventing inconsistent decisions, encourages reliance on adjudication… federal courts participate in developing uniform federal rules of res judicata, which the united states supreme court has ultimate authority to determine and declare. 

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Every claim, dispute, controversy or difference arising out of, dealing with, relating to any sales et cetera, shall be submitted, heard and determined by arbitration and you waive your right to a class action suit against RISE OF THE MOORS and its principal agents. Any qualified Moorish arbitrator the parties mutually agree to with an exception to any United States / UNITED STATES agents or agencies may be selected as the arbitrator. 


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All rights reserved and retained. No part of any book or publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means: electronic, mechanical or otherwise without the prior written permission of Jamhal Talib Abdullah Bey, his heirs, descendants or his estate.

[1] All rights reserved. The applicable law governing all contracts, books, and declarations may be, pursuant to Article PART 3. of the Uniform Commercial Codes, the Uniform Commercial Codes to include any and all applicable State, Federal and International Laws to include Treaties. § 1-202. Notice; Knowledge. § 1-206. Presumptions. § 1-305. Remedies to be Liberally Administered. § 1-307. Prima Facie Evidence by Third-Party Documents. § 7-104. Negotiable and Nonnegotiable Document of Title.
[2] COPYRIGHT. The right of literary property as recognized and sanctioned by positive law. An intangible, incorporeal right granted by statute to the author or originator of certain literary or artistic productions, whereby he is invested, for a limited period, with the sole and exclusive privilege of multiplying copies of the same and publishing and selling them. In re Rider, 16 R.I. 271, 15 A. 72; Mott Iron Works v. Clow, C.C.A.Ill., 82 F. 316, 27 C.C.A. 250; Palmer v. De Witt, 47 N.Y. 536, 7 Am.Rep. 480; Stuff v. La Budde Feed & Grain Co., D.C.Wis., 42 F.Supp. 493, 497; Schill v. Remington Putnam Book Co., 179 Md. 83, 17 A.2d 175.
[3] COMMON-LAW LIEN. One known to or granted by the common law, as distinguished from statutory, equitable, and maritime liens; also one arising by implication of law, as distinguished from one created by the agreement of the parties. The Menominie, D.C.Minn., 36 F. 197; Tobacco Warehouse Co. v. Trustee, 117 Ky. 478, 78 S.W. 413, 64 L.R.A. 219. It is a right extended to a person to retain that which is in his possession belonging to another, until the demand or charge of the person in possession is paid or satisfied. Whiteside v. Rocky Mountain Fuel Co., C.C.A.Colo., 101 F.2d 765, 769; Goldwater v. Mendelson, 8 N.Y.S. 627, 629, 170 Misc. 422.
[4] COMMON-LAW REMEDY. This phrase, within the meaning of U. S. Judicial Code 1911, § 256 (Act March 3, 1911, c. 231, 36 Stat. 1100, see Historical and Revision Notes under 28 U.S.C.A. § 1333), was not limited to remedies in the common-law courts, but embraced all methods of enforcing rights and redressing injuries known to the common or statutory law. Kennerson v. Thames Towboat Co., 89 Conn. 367, 94 A. 372, 375, L.R.A. 1916A, 436. See, also, Northern Pacific S. S. Co. v. Industrial Acc. Commission of California, 174 Cal. 346, 163 P. 199, 202.
[5] COMMON-LAW TRADE-MARK. One appropriated under common-law rules, regardless of statutes. Stratton & Terstegge Co. v. Stiglitz Furnace Co., 258 Ky. 678, 81 S.W.2d 1, 3.
[6] COMMON-LAW COPYRIGHT. An intangible, incorporeal right in an author of literary or artistic productions to reproduce and sell them exclusively and arises at the moment of their creation as distinguished from federal or statutory copyrights which exist for the most part only in published works. Common law copyright is perpetual while statutory copyright is for term of years. Equitable relief is available for violation of common law copyright. Edgar H. Wood Associates Inc. v. Skene, 347 Mass. 351, 197 N.E.2d 886.
[7] 17 U.S. Code § 401. Notice of copyright: Visually perceptible copies. 17 U.S. Code CHAPTER 5— COPYRIGHT INFRINGEMENT AND REMEDIES.

For educational purposes only. The reader, possessor or owner of any book, information, documents et cetera, agrees that they will not furnish or cause to be furnished, any information obtained from RISE OF THE MOORS or Jamhal Talib Abdullah Bey, directly or indirectly, to any known or unknown law enforcement or police officers. And that all information acquired is in admissible in any court of the United States; and that RISE OF THE MOORS, its founder, members, affiliates, associates and officials are exempt nor to be held liable in suits related to the information from the organization, regardless of its content. No information is produced with the intent to cause or incite any action by the reader or owner of any products or items obtained from RISE OF THE MOORS, its founder, members, affiliates, associates and officials. The reader understands and comprehends that this and all other pieces of information or statements made by RISE OF THE MOORS, its founder, members, affiliates, associates and officials, is in no way intended to cause, provoke or promote the reader or listener to do, say or act in any manner.

Organizations, such as charities, seeking Federal tax exemption are required to file an application with the Internal Revenue Service (IRS).  Other organizations, such as social welfare organizations, may file an application but are not required to do so.  - https://www.treasury.gov/tigta/auditreports/2013reports/201310053fr.html#background

The IRS defines a social welfare organization as: [A]n organization is operated exclusively for the promotion of social welfare if it is primarily engaged in promoting in some way the common good and general welfare of the community.  - https://www.irs.gov/pub/irs-tege/eotopici03.pdf

RISE OF THE MOORS is a civic organization and is therefore tax-exempt.  In Erie Endowment v. United States, 316 F.2d 151, 156 (2d Cir. 1963), the court, in defining a civic organization, summed up the matter by stating that "the organization must be a community movement designed to accomplish community ends."

While some activities promote social welfare only if the community as a whole is the recipient of services, a membership organization is not automatically precluded from exempt status. In the exceptional case, an organization whose services are made available solely to its members may qualify. In such cases, it must be clearly established that making the service available to the membership benefits the community as a whole. Social welfare organization may engage in some political activities, so long as that is not its primary activity. 

Murdock v. Pennsylvania, 319 U.S. 105 (1943).
https://supreme.justia.com/cases/federal/us/319/105/

The mere fact that the religious literature is "sold", rather than "donated" does not transform the activities of the colporteur into a commercial enterprise.

A State may not impose a charge for the enjoyment of a right granted by the Federal Constitution.

A community may not suppress, or the State tax, the dissemination of views because they are unpopular, annoying, or distasteful.

But the mere fact that the religious literature is "sold" by itinerant preachers, rather than "donated," does not transform evangelism into a commercial enterprise. If it did, then the passing of the collection plate in church would make the church service a commercial project. The constitutional rights of those spreading their religious beliefs through the spoken and printed word are not to be gauged by standards governing retailers or wholesalers of books. The right to use the press for expressing one's views is not to be measured by the protection afforded commercial handbills. It should be remembered that the pamphlets of Thomas Paine were not distributed free of charge. It is plain that a religious organization needs funds to remain a going concern. But an itinerant evangelist, however misguided or intolerant he may be, does not become a mere book agent by selling the Bible or religious tracts to help defray his expenses or to sustain him. Freedom of speech, freedom of the press, freedom of religion are available to all, not merely to those who can pay their own way. As we have said, the problem of drawing the line between a purely commercial activity and a religious one will, at times, be difficult. On this record, it plainly cannot be said that petitioners were engaged in a commercial, rather than a religious, venture. It is a distortion of the facts of record to describe their activities as the occupation of selling books and pamphlets. And the Pennsylvania court did not rest the judgments of conviction on that basis, though it did find that petitioners "sold" the literature. The Supreme Court of Iowa, in State v. Mead, 230 Iowa 1217, 300 N.W. 523, 524, described the selling activities of members of this same sect as "merely incidental and collateral" to their "main object, which was to preach and publicize the doctrines of their order." And see State v. Meredith, 197 S.C. 351, 15 S.E.2d 678; People v. Barber, 289 N.Y. 378, 385-386, 46 N.E.2d 329. That accurately summarizes the present record.

Those who can tax the exercise of this religious practice can make its exercise so costly as to deprive it of the resources necessary for its maintenance. Those who can tax the privilege of engaging in this form of missionary evangelism can close its doors to all those who do not have a full purse. Spreading religious beliefs in this ancient and honorable manner would thus be denied the needy. Those who can deprive religious groups of their colporteurs can take from them a part of the vital power of the press which has survived from the Reformation.
  • Home
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