Understanding and applying Constructive Res Judicata involves several key steps: first, reviewing prior cases to determine if the issue at hand could have been raised in earlier litigation and assessing whether the same parties are involved; second, evaluating whether the issue falls within the scope of the original proceedings and could have been litigated; and third, ensuring the prior judgment was final and conclusive. Mastering these steps allows a lawyer to strategically argue whether the doctrine should bar re-litigation of the issue or if exceptions, such as new evidence, exist. This approach helps lawyers limit the scope of opposing claims, prevent the reopening of settled matters, and focus on unresolved issues, ultimately strengthening their case and improving efficiency in legal arguments.
