Is a second petition after a prior judgment on psychological incapacity barred by res judicata?

Is a second petition after a prior judgment on psychological incapacity barred by res judicata?

• A. Yes, barred by res judicata.
• B. No, not barred; different causes of action and same evidence would not sustain both actions.
• C. Yes, barred because the petition is the same.
• D. No, res judicata does not apply to family law.

Answer: (B)

Res judicata applies when the second action is the same cause of action between the same parties. In the context of a petition for nullity of marriage based on psychological incapacity, a second petition is not automatically barred if it rests on a different cause of action or seeks a different remedy, even if the underlying facts overlap. Since the second action can involve a distinct theory or different elements to prove a claim, the prior final judgment does not automatically foreclose it. The same evidence may not sustain both actions if each action requires its own proof and theory, so they can proceed separately if legally distinct. Hence the best answer is that the second petition is not barred by res judicata because it can constitute a different cause of action from the first. The other choices either claim an automatic bar or deny res judicata’s applicability to family law, which are not correct.

Res judicata applies when the second action is the same cause of action between the same parties. In the context of a petition for nullity of marriage based on psychological incapacity, a second petition is not automatically barred if it rests on a different cause of action or seeks a different remedy, even if the underlying facts overlap. Since the second action can involve a distinct theory or different elements to prove a claim, the prior final judgment does not automatically foreclose it. The same evidence may not sustain both actions if each action requires its own proof and theory, so they can proceed separately if legally distinct. Hence the best answer is that the second petition is not barred by res judicata because it can constitute a different cause of action from the first. The other choices either claim an automatic bar or deny res judicata’s applicability to family law, which are not correct.