Finality (law)
In today's article we are going to talk about Finality (law), a topic that has caught the attention of many people in recent times. Finality (law) has become a topic of interest for society due to its relevance and impact in different areas of daily life. Throughout the article, we will analyze different aspects related to Finality (law), from its origin to its evolution over time, including its implications in today's society. In addition, we will explore different perspectives and opinions on Finality (law), with the aim of providing a broad and complete overview of this very relevant topic. Don't miss this interesting article about Finality (law)!
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, such as the state of New York, those convicted of a crime may not sue their defence attorney for incompetence or legal malpractice if the civil lawsuit would call into question the finality of the criminal conviction.
Finality is crucial because otherwise, there would be no certainty as to the meaning of the law or the outcome of any legal process. The principle is an aspect of the separation of powers, a distinction between the executive and the judicial power. That concept was defined in Kable v Director of Public Prosecutions (NSW) in which a court stated that unless orders were valid until set aside, "the exercise of judicial power could yield no adjudication of right and liability to which immediate effect could be given".
The importance of finality is the source of the concept of res judicata: the decisions of one court are settled law and may not be retried in another case brought in a different court.
References
- ^ Carmel v. Lunney, 70 N.Y.2d 169, 173 (1987); Hoffenberg v. Meyers, 73 F. App’x 515, 516 (2d Cir. 2003).
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