Finality (law)
Encyclopedia
Finality, in law
, is the concept that certain disputes must achieve a resolution from which no further appeal
may be taken, and from which no collateral proceedings may be permitted to disturb that resolution. For example, in some jurisdictions, a person convicted of a crime may not sue their defense attorney for incompetence or legal malpractice
if the civil lawsuit
would call into question the finality of the criminal conviction. Finality is considered to be important because, absent this there would be no certainty as to the meaning of the law, or the outcome of any legal process.
The importance of finality is the source of the concept of res judicata
- that the decisions of one court are settled law, and may not be retried in another case brought in a different court.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
, is the concept that certain disputes must achieve a resolution from which no further appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
may be taken, and from which no collateral proceedings may be permitted to disturb that resolution. For example, in some jurisdictions, a person convicted of a crime may not sue their defense attorney for incompetence or legal malpractice
Legal malpractice
Legal malpractice is the term for negligence, breach of fiduciary duty, or breach of contract by an attorney that causes harm to his or her client...
if the civil lawsuit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
would call into question the finality of the criminal conviction. Finality is considered to be important because, absent this there would be no certainty as to the meaning of the law, or the outcome of any legal process.
The importance of finality is the source of the concept of res judicata
Res judicata
Res judicata or res iudicata , also known as claim preclusion, is the Latin term for "a matter [already] judged", and may refer to 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...
- that the decisions of one court are settled law, and may not be retried in another case brought in a different court.