peremptus

Peremptus is a term that appears in legal contexts, particularly in civil procedure. It is derived from the Latin word "peremptorius," meaning conclusive or decisive. In law, a peremptus action or motion refers to one that is final and cannot be renewed or reconsidered once it has been decided. This concept is often associated with the principle of res judicata, which prevents the relitigation of issues that have already been determined by a court.

For instance, if a plaintiff files a motion and it is denied by the court, and that denial is considered peremptus, the plaintiff cannot simply file the same motion again. The original decision is considered final for that particular stage of the proceedings. Similarly, a peremptus judgment is a final judgment that concludes the lawsuit, and either party can then appeal or enforce the judgment. The idea behind peremptus is to ensure the finality of legal decisions and to prevent parties from endlessly pursuing the same claims or defenses. This promotes efficiency in the judicial system and provides certainty to litigants. The application of the concept of peremptus can vary depending on the specific jurisdiction and the type of legal proceeding.