The plaintiff brought a small claims action against the defendant for failing to maintain his premises in a safe condition and won a money judgment in the amount of $163.95 . Five months later, the plaintiff brought a second lawsuit against the same defendant in district court alleging the same set of circumstances, but seeking more money. The defendant should make a motion to dismiss on what
grounds?
a. The doctrine of bar and merger (res judicata) prohibits relitigation of the same cause of action between the same parties when a final judgment on the matter has been entered.
b. It should be dismissed because of double jeopardy under the Constitution.
c. The statute of limitations expired when the first judgment was entered.
d. The plaintiff lacks standing under the harmless error doctrine.
A
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