The correct answer is (d). Res judicata bars the institution of a suit.
Res judicata is a Latin phrase that means “a thing decided.” It is a legal principle that prevents a party from relitigating an issue that has already been decided by a court. This principle is based on the idea that finality is important in the legal system, and that parties should not be able to keep relitigating the same issues over and over again.
Res judicata can bar a party from filing a new lawsuit, continuing an existing lawsuit, or seeking execution on a judgment. It can also bar a party from raising an issue in a lawsuit that was not raised in the previous lawsuit.
To establish res judicata, a party must show that the following elements are met:
- There was a final judgment in a previous lawsuit.
- The judgment was on the merits of the case.
- The parties to the current lawsuit are the same as the parties to the previous lawsuit.
- The issue in the current lawsuit is the same as the issue in the previous lawsuit.
- The issue in the current lawsuit was actually litigated in the previous lawsuit.
- The issue in the current lawsuit was decided in the previous lawsuit.
If all of these elements are met, then res judicata will bar the party from relitigating the issue.
In the case of the question, the correct answer is (d). Res judicata bars the institution of a suit. This means that a party cannot file a new lawsuit on an issue that has already been decided by a court.