FOCL Practice Test

What is the term for the legal principle that prohibits a second trial after a verdict of not guilty?

1. Res judicata

2. Double jeopardy

3. Collateral estoppel

4. Legal immunity

The correct answer is: Double jeopardy

The term that describes the legal principle prohibiting a second trial after a verdict of not guilty is double jeopardy. This principle is a fundamental right in many legal systems, particularly within the United States, and is enshrined in the Fifth Amendment of the U.S. Constitution. The idea behind double jeopardy is to protect individuals from the emotional, financial, and social consequences of being tried multiple times for the same offense once they've been acquitted. This legal safeguard ensures that a person cannot be subjected to the anxiety and uncertainty of multiple prosecutions for the same crime, allowing for finality in legal proceedings. By preventing repeated trials, double jeopardy upholds the integrity of the judicial system and affirms the principle that once a matter has been decided, it should not be revisited unless new and compelling evidence arises that justifies reopening the case. In contrast, res judicata refers to the principle that a final judgment on a matter is conclusive and prevents the same parties from litigating the issue again in future cases. Collateral estoppel, on the other hand, prevents the re-litigation of issues already determined in a previous case involving the same parties, but it applies to specific issues rather than entire cases. Legal immunity generally relates to