ABSTRACT
This chapter explores a central element of legal procedure, finality of judgment—res judicata. The notion of finality of judgment raises numerous questions, chief among them being, of course, that of whether a judgment ever becomes irrevocable and absolute, or is always open to reconsideration. Finality of judgment is a protection the legal system affords the litigants against the possibility of incessant pursuit in the corridors of justice. The Rashba’s responsum implies that in the context in question, the community leadership can issue a regulation even if it conflicts with the talmudic law regarding limitations on the introduction of new evidence after a case has been decided. Jewish law requires such an individual to bring the error to the judge’s attention so that he can reopen the legal proceedings on the ruling. The reopening of legal proceedings on the basis of an erroneous judgment differs from the reopening of legal proceedings on the basis of new evidence or new legal arguments.
