For Constructive Res Judicata to be properly applied, key elements must be met: the same parties or their privies must be involved, the issue must could have been raised in the prior case, and the prior case must have resulted in a final judgment on the merits. Additionally, procedural fairness is critical, meaning the party against whom the doctrine is invoked must have had a fair opportunity to raise the issue. Understanding these elements helps in building a strong legal argument by allowing a lawyer to assess whether the doctrine applies correctly or if exceptions exist. If any element is missing, the lawyer can argue against its application, providing a solid foundation for challenging or defending the case.
