Bar: Legal Concept and Profession

The term 'Bar' in legal parlance signifies both a procedural barrier to relitigating issues and the collective legal profession.

Definition

In legal terminology, a “Bar” refers to a procedural obstacle that prevents the relitigation of an [Issue]. This legal principle ensures that a party cannot challenge an issue that has already been resolved in a previous lawsuit. Once a judgment is issued in favor of the prevailing party, it becomes a binding decision that bars subsequent attempts to retry the same issues.

Types of Bar in Legal Procedure

Res Judicata

Res Judicata, meaning “a matter judged,” is a doctrine that bars the retrial of cases that have been conclusively settled by judicial decision. It encompasses both claim preclusion and issue preclusion:

• Claim Preclusion: Prevents parties from relitigating the same cause of action.
• Issue Preclusion: Also known as collateral estoppel, it bars the re-examination of factual issues already decided in prior litigation.

Statutory Bar

Certain statutes provide explicit bars against bringing claims after specified periods. These statutes of limitations create procedural barriers to filing lawsuits beyond the allowed timeframe.

Bar as the Legal Profession

Definition

The “Bar” also collectively refers to the legal profession and, by extension, the professional organization of licensed attorneys. It derives from the physical division in courtrooms that separates the working areas of the court and the viewing area where the public sits.

Admission to the Bar

Admission to the Bar varies by jurisdiction and typically involves passing a bar examination, meeting character and fitness requirements, and sometimes additional legal education requirements.

Historical Context

The concept of the “Bar” as a legal profession has its roots in medieval England, where barriers were used to divide different sections of the courtroom. Over time, this physical divider also gave its name to the collective group of licensed legal practitioners.

Applicability and Examples

Legal Procedure

If Party A sues Party B for breach of contract and wins, Party B cannot later sue Party A for the same breach under the same facts. The decision in favor of Party A constitutes a bar, preventing the relitigation of that specific breach.

Legal Profession

Becoming a licensed attorney typically involves the following steps:

• Education: Earning a Juris Doctor (JD) degree from an accredited law school.
• Examination: Passing the Bar Exam specific to the jurisdiction.
• Character and Fitness Review: Undergoing a background check and review process to ensure ethical conduct.

Related Terms

• Bench: Refers to the office of a judge as well as the judges collectively in a jurisdiction.
• Jurisprudence: The theory or philosophy of law.
• Litigation: The process of taking legal action.

FAQs

What does it mean to be 'admitted to the Bar'?

Being admitted to the Bar means a lawyer has met all the necessary qualifications and licensure requirements to practice law within a specific jurisdiction.

Can a party ever relitigate issues that have been barred?

Generally, barred issues cannot be relitigated unless an exception applies, such as evidence of fraud in the original litigation or a significant change in law.

References

1. “Black’s Law Dictionary,” 11th Edition, available at Westlaw.
2. “The Principles of Res Judicata,” article by Ronald D. Rotunda, published in Legal Law Review.

Summary

The term “Bar” embodies crucial facets of the legal field: it acts as a procedural safeguard preventing the repeated litigation of settled issues and represents the collective legal profession. Understanding both aspects provides insight into how legal systems maintain consistency and uphold professional standards.