What is required for res judicata to apply?

For res judicata, also known as claim preclusion, to apply, it is essential that the earlier judgment must be on the merits. This means that the previous court decision must have resolved the actual issues in the case after considering the evidence and legal arguments, rather than being based on procedural grounds such as a default or dismissal without prejudice.

A judgment on the merits indicates that the court made a substantive decision regarding the rights and liabilities of the parties involved. This is critical because res judicata is designed to prevent the same parties from relitigating claims that have already been resolved, thereby promoting the finality of judgments and judicial efficiency.

Other options do not align with the fundamental requirements of res judicata. For instance, a final judgment does not need to be made by a jury; it can be made by a judge in a bench trial. Furthermore, the nature of the judgment, whether default or otherwise, does not automatically imply it's on the merits. Lastly, the party obtaining the judgment does not need to be different in both cases for res judicata to apply; the rule can apply even if the parties are the same across related cases. This reinforces the importance of a judgment made on the merits as a cornerstone for establishing res judicata.