Law · Code of Civil Procedure
The rule of 'Constructive Res Judicata' applies to a matter that:
- 1Is explicitly and directly in issue between the parties.
- 2Is only historically relevant but not substantially in issue.
- 3Is minor and irrelevant to the final determination of the suit.
- 4Might and ought to have been made a ground of defence or attack in the former suit.✓
Correct answer
Might and ought to have been made a ground of defence or attack in the former suit.
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