Judgment in the United States
The decision of a court on the issues raised in a legal action. A judgment is the final determination of a court on matters placed before it. The judgment may be based on the court’s own conclusions on the facts or on a jury verdict. The judgment often includes an order that requires some action necessary to give effect to the judgment. The term judgment is sometimes used to refer to the rationale upon which a court decision is based. A court’s reasoning is more appropriately termed its opinion.
See Also
Decree (Civil Process) Default Judgment (Civil Process) Order (Civil Process) Summary Judgment (Civil Process).
Analysis and Relevance
The judgment in a case comes after one of several kinds of proceeding. A case may, for example, require full adjudication of the facts. A judgment based on adjudication of the basic facts is said to be a judgment on the merits. Different from this would be a judgment based entirely on a procedural or technical ground. A summary judgment would be of this kind. It is also possible for a court to render judgment in the absence of one party’s participation. A dispute in which one party fails to assert a defense could lead to a default judgment.
Notes and References
- Definition of Judgment from the American Law Dictionary, 1991, California
Judgment Definition
In practice. The conclusion of law upon facts found, or admitted by the parties, or upon their default in the course of the suit. Tidd, Prac. 930. The decision or sentence of the law, given by a court of justice or other competent tribunal, as the result of proceedings instituted therein for the redress of an injury. A final decision entered in a book of Judgments under the signature of the Judge (3 Green [N. J.] 383), or, as is the practice in many Jurisdictions, under the signature of the clerk. A final or definitive sentence or decision, by which a cause is determined, though not capable of being enrolled, so as to constitute what is technically called a record, is a Judgment. 10 Wend. (N. Y.) 44. Judgments are either in rem, or in personam. See In Rem; In Personam. They are either final, or interlocutory. See Final Judgment ; Interlocutory Judgment. Accordingly, as they are rendered for various causes, and at various stages of the proceedings without trial, or on a partial trial of the issues, Judgments are:
(1) Judgment by default. A judgment rendered in consequence of the nonappearance of the defendant.
(2) Judgment by nil dieit. One rendered against a defendant for want of a plea.
(3) Judgment by confession. A judgment entered for the plaintiff in case the defendant, instead of entering a plea, confesses the action, or, at any time before trial, confesses the action and withdraws his plea.
(4) Judgment of retraxit. One given against the plaintiff, where, after appearance, he withdraws his suit. It differs from nonsuit in being a voluntary renunciation of the claim, and will bar a subsequent action. 3 Bl. Comm. 396.
(5) Judgment of nonsuit. A judgment rendered against a plaintiff when he, on trial by jury, fails to be present. See Nonsuit.
(6) Judgment of nolle prosequi. A judgment entered against the plaintiff where, after appearance, he refuses to further prosecute his suit.
(7) Judgment by non sum informatus. One which is rendered when defendant’s attorney, instead of entering a plea, says that he is not informed of any answer to be given to the action.
(8) Judgment of non prosequitur. One given against a plaintiff for neglect to take any of the steps which it is incumbent upon him to take in due time. Among the different judgments rendered in particular actions, or on particular pleas, are:
(9) Judgment quod recuperet. A judgment in favor of the plaintiff that he do recover, which is rendered when plaintiff has prevailed upon an issue in fact or an issue in law other than one arising on a dilatory pleading.
(10) Judgment quod partitio fiat. The interlocutory judgment in a writ of partition, that partition be made.
(11) Judgment partitw facto, fi/rma et stablis in perpetuum. The final judgment in partition.
(12) Judgment quod computet. A judgment in an action of account render that the defendant account.
(13) Judgment pro retorno habendo. A judgment in an action for the possession of goods, that plaintiff have a return thereof.
(14) Judgment of nil capiat per breve, or per billam. A judgment in favor of a defendant upon an issue raised upon a declaration or peremptory plea.
(,15) Judgment of cassetur breve (that the writ be quashed). A judgment rendered in favor of a party pleading in abatement to a writ.
(16) Judgment of error. A judgment rendered by an appellate court on a record sent up from an inferior court.
(17) Judgment of respondeat ouster. One rendered against a defendant that he do answer over after he has failed to establish a dilatory plea.
(18) Judgment quod pa/rtes replacitant. A judgment for repleader.
(19) Judgment nul tiel record. One rendered upon a plea denying the existence of a record.
(20) Judgment capiatur. One formerly rendered against a defendant in a civil action for a wrong vi et armis, rendering him liable to arrest and imprisonment until a fine was paid to the king for the breach of the peace.
(21) Judgment non obstante veredicto. A judgment rendered without regard to a verdict rendered in the action. See Non Obstante Veredicto.
Judgment in Foreign Legal Encyclopedias
| Link | Description |
|---|---|
| Judgment | Judgment in the World Legal Encyclopedia. |
| Judgment | Judgment in the European Legal Encyclopedia. |
| Judgment | Judgment in the Asian Legal Encyclopedia. |
| Judgment | Judgment in the UK Legal Encyclopedia. |
| Judgment | Judgment in the Australian Legal Encyclopedia. |
Browse the American Encyclopedia of Law for Judgment
Scan Judgment in the appropriate area of law:
| Link | Description |
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| Judgment | Judgment in the Family Law Portal of the American Encyclopedia of Law. |
| Judgment | Judgment in the IP Portal of the American Encyclopedia of Law. |
| Judgment | Judgment in the Commercial Law Portal of the American Encyclopedia of Law. |
| Judgment | Judgment in the Criminal Law Portal of the American Encyclopedia of Law. |
| Judgment | Judgment in the Antritrust Portal of the American Encyclopedia of Law. |
| Judgment | Judgment in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
| Judgment | Judgment in the Constitutional Law Portal of the American Encyclopedia of Law. |
| Judgment | Judgment in the Tax Law Portal of the American Encyclopedia of Law. |
| Judgment | Judgment in the and Finance and Banking Portal of the American Encyclopedia of Law. |
| Judgment | Judgment in the Employment and Labor Portal of the American Encyclopedia of Law. |
| Judgment | Judgment in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
| Judgment | Judgment in the Environmental Law Portal of the American Encyclopedia of Law. |
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| http://lawi.us/judgment | The URI of Judgment (more about URIs) |
| Judgment related entries | Find related entries of Judgment |
Legal Issue for Attorneys
In practice. The conclusion of law upon facts found, or admitted by the parties, or upon their default in the course of the suit. Tidd, Prac. 930. The decision or sentence of the law, given by a court of justice or other competent tribunal, as the result of proceedings instituted therein for the redress of an injury. A final decision entered in a book of Judgments under the signature of the Judge (3 Green [N. J.] 383), or, as is the practice in many Jurisdictions, under the signature of the clerk. A final or definitive sentence or decision, by which a cause is determined, though not capable of being enrolled, so as to constitute what is technically called a record, is a Judgment. 10 Wend. (N. Y.) 44. Judgments are either in rem, or in personam. See In Rem; In Personam. They are either final, or interlocutory. See Final Judgment ; Interlocutory Judgment. Accordingly, as they are rendered for various causes, and at various stages of the proceedings without trial, or on a partial trial of the issues, Judgments are:
(1) Judgment by default. A judgment rendered in consequence of the nonappearance of the defendant.
(2) Judgment by nil dieit. One rendered against a defendant for want of a plea.
(3) Judgment by confession. A judgment entered for the plaintiff in case the defendant, instead of entering a plea, confesses the action, or, at any time before trial, confesses the action and withdraws his plea.
(4) Judgment of retraxit. One given against the plaintiff, where, after appearance, he withdraws his suit. It differs from nonsuit in being a voluntary renunciation of the claim, and will bar a subsequent action. 3 Bl. Comm. 396.
(5) Judgment of nonsuit. A judgment rendered against a plaintiff when he, on trial by jury, fails to be present. See Nonsuit.
(6) Judgment of nolle prosequi. A judgment entered against the plaintiff where, after appearance, he refuses to further prosecute his suit.
(7) Judgment by non sum informatus. One which is rendered when defendant’s attorney, instead of entering a plea, says that he is not informed of any answer to be given to the action.
(8) Judgment of non prosequitur. One given against a plaintiff for neglect to take any of the steps which it is incumbent upon him to take in due time. Among the different judgments rendered in particular actions, or on particular pleas, are:
(9) Judgment quod recuperet. A judgment in favor of the plaintiff that he do recover, which is rendered when plaintiff has prevailed upon an issue in fact or an issue in law other than one arising on a dilatory pleading.
(10) Judgment quod partitio fiat. The interlocutory judgment in a writ of partition, that partition be made.
(11) Judgment partitw facto, fi/rma et stablis in perpetuum. The final judgment in partition.
(12) Judgment quod computet. A judgment in an action of account render that the defendant account.
(13) Judgment pro retorno habendo. A judgment in an action for the possession of goods, that plaintiff have a return thereof.
(14) Judgment of nil capiat per breve, or per billam. A judgment in favor of a defendant upon an issue raised upon a declaration or peremptory plea.
(,15) Judgment of cassetur breve (that the writ be quashed). A judgment rendered in favor of a party pleading in abatement to a writ.
(16) Judgment of error. A judgment rendered by an appellate court on a record sent up from an inferior court.
(17) Judgment of respondeat ouster. One rendered against a defendant that he do answer over after he has failed to establish a dilatory plea.
(18) Judgment quod pa/rtes replacitant. A judgment for repleader.
(19) Judgment nul tiel record. One rendered upon a plea denying the existence of a record.
(20) Judgment capiatur. One formerly rendered against a defendant in a civil action for a wrong vi et armis, rendering him liable to arrest and imprisonment until a fine was paid to the king for the breach of the peace.
(21) Judgment non obstante veredicto. A judgment rendered without regard to a verdict rendered in the action. See Non Obstante Veredicto.
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Notice
This definition of Judgment Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..
Plain-English Law
Judgment as defined by Nolo’s Encyclopedia of Everyday Law (p. 437-455):
A final court ruling resolving the key questions in a lawsuit and determining the rights and obligations of the opposing parties.
Practical Information
Note: Some of this information was last updated in 1982
An official decision of a court, based on a jury’s verdict or, in absence of a jury, on the law and facts as found by the judge. Broadly speaking, any adjudication by a court of law or of equity is considered a judgment, but technically an adjudication by a court of equity is a decree. The words judgment and decree are often used synonymously, especially since many courts now combine both law and equity (see in U.S. law) jurisdiction. Historically, there was the distinction between judgment and decree. Common Law adheres to the judgment while the Equity Court of Law deals with the decree. But later, the Judicature Act was passed in England which merged the distinction between judgment and decree. In the United States also, distinction between judgment and decree has lost its relevance. Decree is, to some exent, the counterpart in equity of the judgment in a court of law. In India, the distinction between judgment and decree has still recognized this distinction. A decree usually directs the defendant to do or not to do some specific thing, as opposed to a judgment for damages (in U.S. law) in a court of law. For example, an owner of real property can obtain an injuction (in U.S. law) to prevent a tenant from changing the character of the property, such as by razing a barn and erecting a dwelling house in its place. The injunction is a decree of the court. A decree or judgment is final when it disposes of the case, leaving no question to be decided in the future. (See interlocutory decree (in U.S. law).) The parties, however, may appeal to a higher court from a final judgment or decree. The execution of the judgment is stayed pending the higher court’s decision.
A judgment is sometimes entered “on the pleadings” upon motion of counsel (see pleadings (in U.S. law)), before trial of the cause is reached. For example, the plaintiff moves the court to strike the answer (in U.S. law) of the defendant and direct judgment for the plaintiff (the party who brings a lawsuit). More frequently, however, the judgment is not entered until the case has been tried and finding of fact and conclusions of law (in U.S. law) have been made.
What is Judgment?
For a meaning of it, read Judgment in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Judgment.
Judgment
United States Constitution
According to the Encyclopedia of th
e American Constitution, about its article titled 256 JUDGMENTThe judgment of a court is its conclusion or sentence of the law applied to the facts of a case. It is the court’s final determination of the rights of the parties to the case. A judgment, once entered (unless successfully appealed) , is conclusive as to the rights of the parties and
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Judgment in Federal Practice and Procedure
This section provides comprehensive coverage of the main aspects of judgment in relation to federal procedure, including an analysis of the rules as interpreted and applied by the federal courts and affected by related federal statutes and regulations.
Judgment in Federal Practice and Procedure
This section provides comprehensive coverage of the main aspects of judgment in relation to federal procedure, including an analysis of the rules as interpreted and applied by the federal courts and affected by related federal statutes and regulations.
Meaning of Judgment
In plain or simple terms, Judgment means: The official decision of a court disposing of a case.
Resources
See Also
- Federal Civil Procedure
- Federal Criminal Procedure
- Federal Appellate Procedure
Meaning of Judgment
In plain or simple terms, Judgment means: The official decision of a court disposing of a case.
Resources
See Also
- Federal Civil Procedure
- Federal Criminal Procedure
- Federal Appellate Procedure
Judgment in Federal Practice and Procedure
This section provides comprehensive coverage of the main aspects of judgment in relation to federal procedure, including an analysis of the rules as interpreted and applied by the federal courts and affected by related federal statutes and regulations.
Meaning of Judgment
In plain or simple terms, Judgment means: The official decision of a court disposing of a case.
Resources
See Also
- Federal Civil Procedure
- Federal Criminal Procedure
- Federal Appellate Procedure
Meaning of Judgment
In plain or simple terms, Judgment means: The official decision of a court disposing of a case.
Resources
See Also
Further Reading (Articles)
Reviving judgments in Illinois: Illinois now has a revival of judgment statute that spells out what should be included in a petition to revive judgment and when one may be filed. It also makes clear that a properly revived judgment may be enforceable for 27 years. This article describes how the revival process works. Illinois Bar Journal; January 1, 2010; Markoff, Robert G. McGeehan, Christopher J.
Judgment Lien Arising Under Michigan Act Survives Property Sale But Remains Enforceable Only Against Judgment Debtor, Not Purchaser. Mondaq Business Briefing; November 30, 2010
Enforcing UK judgments in Australia. Mondaq Business Briefing; February 18, 2012
Judgment Unenforceability in China, Fordham Journal of Corporate & Financial Law; December 1, 2013; Hsu, Jason
Enforcing Judgments: Tools at Your Disposal, Mondaq Business Briefing; July 8, 2013; Sabados, Bruce
Enforcement of Foreign Judgments, Mondaq Business Briefing; December 24, 2013; Murphy-O’Connor, Julie
Aesthetic Judgment, Encyclopedia of Philosophy; January 1, 2006; Cohen, Ted
Judgment Proof: The English Supreme Court Pushes Back on U.S. Bankruptcy Court Jurisdiction, Mondaq Business Briefing; October 26, 2012
Enforcement of Judgments In New York: Judgment Creditors Come One, Come All. Mondaq Business Briefing; May 17, 2011
Two Judgments Available in Eviction Suit, Daily Herald (Arlington Heights, IL); February 2, 2013
Judgment liens.(dba Florida[TM]), Florida Trend; June 1, 2007
New rules on perfecting judgment liens in Florida, Equipment Leasing & Finance; September 1, 2001; Anonymous
The Florida Enforcement of Foreign Judgments Act: What time limit applies?, Florida Bar Journal; October 1, 2000; Franchino, Thomas W.
COURT JUDGMENTS FROM ELSEWHERE CAN BE ENFORCED IN N.J., The Record (Bergen County, NJ); May 12, 2013
Enforcing Foreign Judgments In The British Virgin Islands. Mondaq Business Briefing; March 30, 2011
Judgment, Divine (in the Bible), New Catholic Encyclopedia; January 1, 2003; SUELZER, A.
Judgment liens on real property: recent decision causes uncertainty for title companies, bankers, and lawyers.(Florida), Florida Bar Journal; February 1, 2008; Hillard, Benjamin
Judgment, Divine (In Theology), New Catholic Encyclopedia; January 1, 2003; WRIGHT, J. H.
Deficiency Judgments-The Next Wave to Hit?(Point of View), Mortgage Servicing News; August 1, 2010; Johnson, Robert W.
Judgment Proofing: A Rejoinder, Stanford Law Review; November 1, 1999; Schwarcz, Steven L.
Judgment Definition in the context of the Federal Court System
The official decision of a court finally resolving a dispute between the parties to a lawsuit.
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