Also known as: final judgments on the merits · judgment on the merits · final judgment
Written by attorneys · grounded in primary & secondary sources — see below
A conclusive judicial determination that resolves the substantive rights of the parties after full opportunity for litigation. It triggers preclusion doctrines that bar relitigation of the same claim or issues between the same parties.
After a jury acquitted Frank Fisher of robbing one victim because the evidence of identity was insufficient, the state attempted to prosecute him for robbing a second victim in the same incident. The court dismissed the new charge because the acquittal constituted a final judgment on the merits that resolved the identity issue against the prosecution.
Finn Fletcher removed a state contract action to federal court. After the district court discovered it lacked subject-matter jurisdiction, it remanded the case to state court even though no final judgment on the merits had yet been entered.
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Farid Farahani sued Foster Forge for breach of contract and sought only compensatory damages in the complaint. When Foster Forge defaulted, the court entered a final judgment on the merits limited to the damages pleaded rather than granting additional equitable relief.
Felicia Fuentes was convicted of intentionally killing her uncle after a full criminal trial. In the subsequent civil proceeding to determine inheritance rights, the court treated the conviction as a final judgment on the merits that conclusively established her as the slayer under the preponderance standard.
Fabian Flynn was convicted after trial of a felony punishable by more than one year in prison. In a later civil suit, the court admitted the conviction under the hearsay exception to prove a fact essential to the judgment because the conviction was a final judgment on the merits entered after trial.
Floyd Franklin moved to dismiss a suit on immunity grounds. The district court denied the motion. Because the order did not constitute a final judgment on the merits and failed the collateral-order test, the appellate court refused to hear the immediate appeal.
A judgment is final when it ends the litigation on the merits and leaves nothing for the court to do but execute the judgment. Once final, it triggers claim and issue preclusion between the same parties.
No. A judgment on the merits can result from a trial, summary judgment, or default, provided the court has decided the substantive rights of the parties rather than a procedural defect.
It bars relitigation under res judicata. The claimant cannot sue again on the same cause of action even on grounds that could have been raised in the first action.
A judgment that is not on the merits, such as one based on the statute of limitations, binds the parties only as to the issue actually decided and does not bar a subsequent action on the underlying claim in another jurisdiction.
…circumstances no warrant for reversal. In California v. Stewart , No. 584, I would dismiss the writ of certiorari for want of a final judgment, 28 U. S. C. § 1257 (3) (1964 ed.); but if the merits are to be reached I would affirm on the ground that the State failed to fulfill its burden, in the absence of a showing that…