Relevance of prior judgments depends on whether their existence is in issue or independently relevant under evidence law. Judgments, orders and decrees outside sections 40, 41 and 42 are generally irrelevant unless their existence is a fact in issue or they are independently ... Summary
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Relevance of prior judgments depends on whether their existence is in issue or independently relevant under evidence law.
Judgments, orders and decrees outside sections 40, 41 and 42 are generally irrelevant unless their existence is a fact in issue or they are independently relevant under another provision. A prior determination does not ordinarily bind different parties in later proceedings concerning libel, marital status or title to property. Its existence may be relevant where it shows motive, where a prior conviction is itself in issue, or where an earlier prosecution and conviction establish motive.
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