To effectively apply Constructive Res Judicata, a lawyer should thoroughly review prior cases to determine if the issue in question could have been raised and should have been decided, promoting finality and judicial efficiency. For the defense, it can be used to prevent the opposing party from re-litigating issues that were or could have been raised earlier, narrowing the scope of the case and weakening the prosecution’s position. For the prosecution, invoking the doctrine ensures that relevant issues are conclusively settled, preventing the defense from raising them again in future litigation. This approach streamlines the legal process, consolidates the case, and prevents repetitive arguments, ultimately strengthening either party's position by ensuring that the case focuses only on unresolved or new issues.
