For res judicata to apply, which of the following must not be absent?

For res judicata, also known as claim preclusion, to be applicable, certain key elements must be present. This legal doctrine prevents the same parties from litigating the same issue after it has been adjudicated in a court of law. The essential elements include the identity of the subject matter, the identity of the parties involved, and the existence of a final judgment on the merits.

The requirement for identity of the subject matter ensures that the issues in the new case are the same as those resolved in the prior case. Identity of the parties guarantees that the individuals or entities involved in both cases are the same, which is crucial for the principle of fairness and judicial economy. Additionally, a final judgment is necessary for there to be a legal conclusion that can be relied upon in subsequent litigation.

When all these elements are present, res judicata can bar a party from bringing a claim that has already been decided, promoting judicial efficiency by preventing multiple lawsuits over the same issue. Therefore, it is accurate to say that all of these elements must be present for res judicata to apply.