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DOUBLE JEOPARDY

prosecution or punishment twice for the same offense, which is prohibited by the US Constitution and by many state constitutions.

EXAMPLE:

Ray is charged with destroying government property. After a long trial, a jury finds Ray not guilty. Immediately after the trial, new evidence is discovered that unquestionably links Ray to the destruction. Under principles of double jeopardy, the prosecutor cannot retry Ray for the crime even with the new evidence.
see collateral [COLLATERAL ESTOPPEL]
Although the defense of collateral estoppel can look jurisdictional in character, it is an affirmative defense, see Fed.R.Civ.P. 8(c)(1), and therefore is not a per se jurisdictional bar to court review as contemplated by Fed.R.Civ.P. 12(b)(1) (and thus the Florida rule which is based on that federal rule, Fla.R.Civ.P. 1.140(b)(1)). Youngin's Auto Body v. District of Columbia, 775 F.Supp.2d 1,6 (D.D.C. 2011); and see, Hemphill v. Kimberly–Clark Corp., 605 F.Supp.2d 183, 186 (D.D.C.2009) (observing that “res judicata is an affirmative defense that is generally pleaded in a defendant's answer, but is also properly brought in a pre-answer Rule 12(b)(6) motion”).
While the defenses of res judicata and collateral estoppel may be resolved through a motion for summary judgment, the trial court erred when it ventured outside the four corners of the complaint, took judicial notice of the final judgment of dissolution of marriage, and dismissed the complaint with prejudice. See Kest v. Nathanson, 216 So.2d 233 (Fla. 4th DCA 1969).
Congratulations! You're now booked up on what Double Jeopardy means!

You'll probably need to reference a legal glossary during your pursuit of justice.

For instance, you may need the technical definition of a word in order to protect yourself from organizations/judges/lawyers who break the law (see this example of a Florida judge who outright committed perjury).

Nevertheless – and as always – please get the justice you deserve.

Sincerely,



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