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BAR

1. in procedure, a barrier to the relitigating of an issue. A bar operates to deny a party the right or privilege of rechallenging issues in subsequent litigation. The prevailing party in a lawsuit can use his or her favorable decision to bar retrial of the action.

See collateral [COLLATERAL ESTOPPEL]; res judicata.

2. a particular position in the courtroom; hence, the defendant standing before the judge is sometimes called the prisoner AT BAR. The complete body of attorneys is called the bar because they are the persons privileged to enter beyond the bar that separates the general courtroom audience form the judge's bench. The CASE AT BAR refers to the particular action before the court. Source: Barron's Dictionary of Legal Terms, Steven H. Gifis, 5th Edition; © 2016

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