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Under the ICSI Lesson 8 framework, which combination correctly distinguishes *res sub judice* from *res judicata*?
Answer & Solution
Correct answer: C.
1. The ICSI text gives the distinction explicitly:
2. ***Res sub judice* relates to a matter which is pending judicial enquiry**; *res judicata* relates to a matter adjudicated upon or a matter on which judgement has been pronounced.
3. **Section 10 (Res sub judice) BARS THE TRIAL of a suit in which the matter directly or substantially is pending adjudication in a previous suit**.
4. **Section 11 (Res judicata) BARS THE TRIAL of a suit or of an issue in which the matter directly and substantially in issue has already been adjudicated upon** in a previous suit between the same parties under the same title.
5. *Res judicata* arises out of considerations of **public policy** — there should be an end to litigation on the same matter.
_Source: ICSI CS Executive — Lesson 8, Distinction between Res Sub Judice and Res Judicata, p. 181._
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