§ 1911.Judgment; items adjudged
Title 2. Of the Kinds and Degrees of Evidence · Chapter 3. Writings · Article 2. Public Writings · Enacted 1872 · no amendments on record · Last verified July 29, 2026
Full Text of § 1911
Plain-English Summary
This section keeps a prior judgment's preclusive reach from expanding beyond what it truly decided. Only two categories of matter are deemed adjudged: what appears on the face of the former judgment to have been adjudged, and what was necessarily included in the judgment or necessary to reaching it.
That second category matters most in practice, since it reaches issues the judgment does not spell out directly but that the court had to resolve to get to its result. Anything beyond those two categories, matters merely raised, argued, or touched on without being necessary to the outcome, falls outside what the judgment conclusively settles.
Frequently Asked Questions
What two things does Section 1911 treat as adjudged by a former judgment?
What appears on the judgment's face to have been adjudged, and what was necessarily included in it or necessary to it.
Does every issue argued in the earlier case count as adjudged?
No. An issue must have been necessarily included in, or necessary to, the judgment; issues merely raised without being essential to the result are not covered.
Amendment History
(Enacted in 1872.)