judgment – final determination of rights and obligations of each party, or a formal declaration to the accused, with legal consequences

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1. A court’s final determination of the rights and obligations of the parties in a case.  *  The term judgment includes an equitable decree and any order from which an appeal lies. Fed. R. Civ. P. 54. — Also spelled (esp, BrE) judgement.  Abbr. J. — aka (historically) judgment ex cathedra. [1]

1. The final consideration and determination by the court of the rights of the parties, as those rights presently exist, upon matters submitted to it in an action or proceeding The judicial determination or sentence of the court upon a matter within its jurisdiction. 30A Am J Rev ed Judgm § 2.

More precisely, the conclusion of the law upon the matters contained in the record, or the application of the law to the pleadings and to the facts as they appear from the evidence in the case, and as found by the court or jury, admitted by the parties, or as deemed to exist upon their default in the course of judicial proceedings. State ex rel. McDonald v Lollis, 326 M0 644, 33 SW2d 98.

In a criminal case, the action of a court of criminal jurisdiction formally declaring to the accused the legal consequences of the guilt which he has confessed or of which he has been convicted. 21 Am J2d Crim L § 525.

Sometimes synonymous with decision, as where both words are used in a statute requiring a liberal construction. 30A Am J Rev ed Judgm § 14.

In theory, a determination sought by a motion.

In common parlance, the formation of an opinion or notion concerning something by exercising the mind upon it.

The word is distinguished from desire which imports a wish of more or less intensity. Cleveland Clinic Foundation v Humphreys (CA6 Ohio) 97 FM 849.
     See decree. [2]

1. In a civil action, the final determination by a court of the rights of the parties, based upon the pleadings and the evidence; a decision.

2. In a criminal proceedings, a determination of guilt; a conviction. [3]

     `Excerpt from 1 Henry Campbell Black, A Treatise on the Law of Judgments § 1, at 2 (2d ed. 1902):

     “An action is instituted for the enforcement of a right or the redress of an injury. Hence a judgment, as the culmination of the action declares the existence of the right, recognizes the commission of the injury, or negatives the allegation of one or the other. But as no right can exist without a correlative duty, nor any invasion of it without a corresponding obligation to make amends, the judgment necessarily affirms, or else denies, that such a duty or such a liability rests upon the person against whom the aid of the law is invoked. [4]

accumulative judgment (1921) A second or additional judgment against a person who has already been convicted, the execution of which is postponed until the completion of any prior sentence.

adjudication – may refer to the process of judicially deciding a case, or a court’s final judgment, usually made after the trial.

agreed judgment (1945) A settlement that becomes a court judgment when the judge sanctions it.  *  In effect, an agreed judgment is merely a contract acknowledged in open court and ordered to be recorded, but it binds the parties as fully as other judgments. — aka consent judgment; stipulated judgment; judgment by consent.

alternative judgment – A determination that gives the losing party options for satisfying that party’s duties.

cognovit judgment (kog-noh-vit) (1857) A debtor’s confession of judgment; judgment entered in accordance with a cognovit. See CONFESSION OF JUDGMENT; COGNOVIT.

conditional judgment (1822) A judgment whose force depends on the performance of certain acts to be done in the future by one of the parties.  *  For example, a conditional judgment may order the sale of mortgaged property in a foreclosure proceeding unless the mortgagor pays the amount decreed within the time specified. — aka common order.

confession of judgment – 1. A person’s agreeing to the entry of judgment upon the occurrence of nonoccurence of an event, such as making a payment.

2. A judgment taken against a debtor by the creditor, based on the debtor’s written consent.

3. The paper on which the person so agrees before it is entered. — aka confessed judgment cognovit judgment; statement of confession; warrant of confession; judgment by confession.
See cognovit.  Cf. WARRANT OF ATTORNEY

contradictory judgment Civil law. A judgment that has been given after the court has heard the parties make their claims and defenses.  *  In Louisiana, this term is opposed to default judgment.  Cf. contradictory motion under MOTION (1).

declaratory judgment – declares conclusively the rights, duties, or status of the parties, but orders no executory or coercive relief. — aka declaratory decree; declaration.

default judgment – rendered upon an omission by the defendant to take a necessary step in the action within the proper time. — aka judgment by default. Fed. R. Civ. P. 55(b).

deferred judgment (1896) A conditional judgment placing a convicted defendant on probation, the successful completion of which will prevent entry of the underlying judgment of conviction.  *  This type of probation is common with minor traffic offenses. — aka deferred adjudication; deferred-adjudication probation; deferred prosecution; probation before judgment; probation without judgment; pretrial intervention; adjudication withheld.  Cf. DEFERRED PROSECUTION.

deficiency judgment (1865) A judgment against a debtor for the unpaid balance of the debt if a foreclosure sale or a sale of repossessed personal property fails to yield the full amount of the debt due. — aka deficiency decree.

discretionary judgment. An independent and necessary decision made in the absence of express instructions or guidance.

> domestic judgment. A judgment rendered by the courts

of the state or country where the judgment or its effect is at issue.

> dormant judgment. (18c) A judgment that has not been executed or enforced within the statutory time limit. 0 As a result, any judgment lien may have been lost and execution cannot be issued unless the judgment creditor first revives the judgment. See REVIVAL (1).

erroneous judgment. (17c) A judgment issued by a court with jurisdiction to issue it, but containing an improper application of law. 0 This type of judgment is not void, but can be corrected by a trial court while the court retains plenary jurisdiction, or in a direct

appeal. -Also termed judgment in error. See ERROR (2).

v excess judgment. Insurance. A judgment that exceeds all of the defendant’s insurance coverage.

> executory judgment (eg-zek-ya-tor-ee). (18c) A judgment that has not been carried out, such as a yet-tobe fulfilled order for the defendant to pay the plaintiff.

> final appealable judgment. See final judgment.

> final judgment. (18c) A court’s last action that settles the rights of the parties and disposes of all issues in controversy, except for the award of costs (and, sometimes, attorney’s fees) and enforcement of the judgment. –Also termed final appealable judgment; jinal decision; final decree; definitive judgment; deter

minative judgment; final appealable order. See FINALJUDGMENT RULE.

foreign judgment. A decree, judgment, or order of a court in a state, country, or judicial system different from that where the judgment or its effect is at issue.

> in personam judgment. See personal judgment. > in rem judgment. See judgment in rem.

> interlocutory judgment (in-tar-lok[y]a-tor-ee). (17c) An intermediate judgment that determines a preliminary or subordinate point or plea but does not finally decide the case. 0 A judgment or order given on a provisional or accessory claim or contention is generally interlocutory. -Also termed interlocutory decree.

b irregular judgment. A judgment that may be set aside because of some irregularity in the way it was rendered,

such as a clerk’s failure to send a defendant notice that a default judgment has been rendered.

b joint judgment. (17c) A judgment under which each of two or more defendants is held liable for all the damages. “A joint judgment creates a joint judgment liability which has some of the characteristics of a joint contratual [sic] liability. For instance, it seems that on the death of one of the joint judgment debtors the whole liability survives to the others. It has been held in the United States that a joint judgment is released as to all by the release of one, even though the creditor’s original right was several as well as joint, so that he might have obtained, had he so chosen,

separate judgments against each of the defendants.” Glanville Williams, Joint Obligations 83 (1949).

r judgment as a matter of law. (1873) A judgment rendered during a jury trial —either before or after the jury’s verdict –against a part on a given issue when there is no legally sufiicient basis for a jury to iind for that party on that issue. 0 In federal practice, the term judgment as a matter of law has replaced both the directed verdict and the judgment notwithstanding the verdict. Fed. R. Civ. P. 50. Cf. SUMMARY JUDGMENT.

I» judgment by confession. See CONFESSION OF JUDGMENT.

; z-ullhmAn‘ L-‘A‘.““L “A; i i .

judgment by default. See DEFAULT JUDGMENT.

> judgment by nil dicit. See nil-dicit default judgment under DEFAULT JUDGMENT.

> judgment by non sum informatus. See NON SUM INFORMATUS.

b judgment for money. See money judgment.

> judgment homologating the tableau (ha-mahl-a-gayting / ta-bloh or tab-10h). (1834) Civil law. A judgment approving a plan for distributing property of a decedent’s estate. 0 The distribution plan is known as the

tableau of distribution. La. Code Civ. Proc. art. 3307. See HOMOLOGATION.

> judgment in error. See erroneous judgment. > judgment in personam. See personal judgment.

> judgment in rem (in rem). (18c) A judgment that determines the status or condition of property and that

operates directly on the property itself. 0 The phrase denotes a judgment that affects not only interests in a

thing but also all persons’ interest in the thing. -Also termed in rem judgment.

b judgment in retraxit. See judgment of retraxit. b judgment inter partes. See personal judgment.

judgment nil capiat per billa (nil kap-ee-at par bil-a). (1816) Iudgment that the plaintiff take nothing by the bill; a take-nothing judgment in a case instituted by a


> judgment nil capiat per breve (nil kap-ee-at par breev or bree-vee). (1916) Judgment that the plaintiff take nothing by the writ; a take-nothing judgment in a case instituted by a writ.

e judgment nisi (nI-SI). (18c) A provisional judgment that, while not final or absolute, may become final on a party’s motion. See NISI.

» judgment notwithstanding the verdict. (18c) A judgment entered for one party even though a jury verdict has been rendered for the opposing party. -Also termed judgment non obstante veredicto (non ahb-stan-tee ver-a-dik-toh). Abbr. INOV; judgment N.O.V. See judgment as a matter of law.

“At common law the judgment non obstante veredicto is rendered when the plea confesses a cause of action and the matter relied upon in avoidance is insufficient, although found true, to constitute either a defense or a bar to the action. It can be entered only on the application of the plaintiff, made after the verdict, and before the entry of judgment thereon. The defendant was not, at the common law, entitled to this judgment under any circumstances. If a verdict for the plaintiff was not supported by the pleadings, the remedy of the defendant was to move to arrest the judgment. But the practice with respect to judgment notwithstanding or contrary to the verdict has been regulated by statute in many states, and in some of them broadened to permit such a judgment in favor of either party under certain circumstances.” 1 A.C. Freeman, A Treatise of the Law of Judgments 17-19 (Edward W. Tuttle ed., 5th ed. 1925).

b judgment nunc pro tunc (nangk proh tangk). (17c) A judgment entered on a day after the time when it should have been entered, replacing that entered on the earlier date; specif., a procedural device by which the record of a judgment is amended to accord with what the judge actually said and did, so that the record will be accurate. 0 This device is often used to correct defects in realestate titles. -Also termed decree nunc pro tunc; nunc pro tunc judgment. See NUNC PRO TUNC.

AA. l;—

f ‘ 
judgment of acquittal. (17c) A judgment, rendered on the defendant’s motion or court’s own motion, that acquits the defendant of the offense charged when the evidence is insufficient. Fed. R. Crim. P. 29. See directed verdict under VERDICT (1).

> judgment of blood. See death sentence under SENTENCE. b judgment of cassetur billa. See CASSETUR BILLA. b judgment of cassetur breve. See CASSETUR BREVE.

> judgment of conviction. (1806) l. The written record of a criminal judgment, consisting of the plea, the verdict or findings, the adjudication, and the sentence. Fed. R. Crim. P. 32(d)(l). 2. A sentence in a criminal case. See SENTENCE.

> judgment of discontinuance. (18c) l. A judgment dismissing a plaintiffs action based on interruption in the proceedings occasioned by the plaintiff’s failure to continue the suit at the appointed time or times.

2. NONSUIT (1).‘–Often shortened to discontinuance. See DISCONTINUANCE.

> judgment of dismissal. (1809) A final determination of a case (against the plaintiff in a civil action or the

government in a criminal action) without a trial on its merits. See DISMISSAL.

> judgment of nolle prosequi (nahl-ee prahs-a-kwr). (1869) A judgment entered against a plaintiff who, after appearance but before judgment on the merits, has decided to abandon prosecution of the lawsuit. See


> judgment of nonsuit. (18c) l. Hist. The judgment given against a plaintiff who fails to be present in court to hear the jury render its verdict or who, after issue is joined, fails to bring the issue to be tried in due time. 0 This judgment does not prevent the plaintiff from filing the same case again. 2. NONSUIT (2). _ ‘

> judgment of repleader. See REPLEADER.

> judgment of retraxit (ri-trak-sit): (1846) Hist. A judgment against a plaintiff who has voluntarily retracted the claim. 0 Such a judgment bars the plaintiff from relitigating the claim. –Also termed judgment in retraxit. See RETRAXIT.

> judgment on the merits. (18c) A judgment based on the evidence rather than on technical or procedural grounds. -Also termed decision on the merits.

> judgment on the pleadings. (18c) A judgment based solely on the allegations and information contained in the pleadings, and not on any outside matters. Fed. R. Civ. P. 12(c). Cf. SUMMARY JUDGMENT.

> judgment on the verdict. (17c) A judgment for the party receiving a favorable jury verdict. i ‘ ‘

p judgment quasi in rem (kway-sr [or -ZI] in rem). (1905) A judgment based on the court’s jurisdiction over the defendant’s interest in property rather than on its jurisdiction over the defendant or the property. 0 Such a judgment affects onl particular persons’ interests in a thing –that is, on y the persons who are named or described in the proceeding.

> judgment quad billa cassetur (kwod bil-a ka-see-tar). (18c) Judgment that the bill be quashed. 0 This is a

judgment for the defendant.

judgment quad breve cassetur (kwod breev or bree-vee ka-see-ter). judgment that the writ be quashed. 0 This is a judgment for the defendant.

> judgment quod computet. See QUOD COMPUTET.

> judgment quod recuperet (kwod ri-kyoo-par-it). (17c) Judgment that the plaintiff recover.

> judgment respondeat ouster (ri-spon-dee-at ows-tar). (1805) Hist. An interlocutory judgment requiring the defendant who has made a dilatory plea to give a more substantial defense; RESPONDEAT OUSTER.

r junior judgment. (1815) A judgment rendered or entered after the rendition or entry of another judgment, on a different claim, against the same defendant.

r money judgment. (1869) A judgment for damages subject to immediate execution, as distinguished from equitable or injunctive relief. -Also termed judgment

for money. > nunc pro tunc judgment. See judgment nunc pro tunc.

> personal judgment. (1829) 1. A judgment that imposes personal liability on a defendant and that may therefore be satisfied out of any of the defendant’s property within judicial reach. 2. A judgment resulting from an

action in which a court has personal jurisdiction over the parties. 3. A judgment against a person as distin~ guished from a judgment against a thing, right, or status. –Also termed judgment in personam (in parsoh-nam); in pcrsonam judgment; judgment inter partes (in-tar pahr-teez).

p several judgment. (16c) A judgment under which each of two or more defendants is held proportionately liable for damages.

v simulated judgment. (1903) Civil law. A judgment that, although founded on an actual debt and intended for collection by the usual legal processes, is actually entered into by the parties to give one of them an undeserving advantage or to defraud third parties.

> stipulated judgment. See agreed judgment. v summary judgment. See SUMMARY JUDGMENT. > suspension of judgment. See STAY.

v take-nothing judgment. (1938) A judgment for the defendant providing that the plaintiff recover nothing in damages or other relief. -Also termed (in some states)

no cause of action.

> valid judgment. 1. A judgment that will be recognized by common-law states as long as it is in force in the state where the judgment was rendered. 2. A judicial act rendered by a court having jurisdiction over the parties and over the subject matter in a proceeding in which the parties have had a reasonable opportunity to be heard.

> voidable judgment. (17c) A judgment that, although seemingly valid, is defective in some material way; esp.. a judgment that, although rendered by a court having jurisdiction, is irregular or erroneous.

void judgment. ( 18c) A judgment that has no legal force or effect, the invalidity of which may be asserted by any party whose rights are affected at anytime and any place, whether directly or collaterally. 0 From its incepa tion, a void judgment continues to be absolutely null. It is incapable of being confirmed, ratified, or enforced in any manner or to any degree. One source of a void

judgment is the lack of subject-matter jurisdiction.

judgmental immunity See ERROR-OF-JUDGMENT RULE.

judgment book See judgment docket under DOCKET (1).

judgment by comparison (1941) Patents. Allowance of a patent claim because a similar claim has been allowed before.  *  There is no stare decisis doctrine in patent prosecutions, but examiners may consider. allowance of similar claims as a decision-making aid. ’

judgment creditor (18c) A person having a legal right to enforce execution of a judgment for a specific sum of money.  See US. v. Gilbert Assocs., Inc, 345 US. 361, 365, 73 S.Ct. 701, 704 (1953).

  • bona fide judgment creditor (1806) Someone who recovers a judgment without engaging in fraud or collusion.

judgment debt See DEBT.

judgment debtor (18c) A person against whom a money judgment has been entered but not yet satisfied.

judgment docket See DOCKET (1).

judgment ex cathedra – 1. Ex CATHEDRA.  2. JUDGMENT (2).

judgment execution – 1. EXECUTION (3).  2. EXECUTION (4).

judgment file See judgment docket under DOCKET (1).

judgment lien See LIEN.

judgment non obstante veredicto See judgment notwithstanding the verdict under JUDGMENT (2).

judgment note (1845) 1. A nonnegotiable promissory note, illegal in most states, containing a power of attorney to appear and confess judgment for a specified sum.  2. COGNOVIT NOTE.

judgment N.O.V. – See judgment not withstanding the verdict under JUDGMENT (2). ’ ‘ ‘

judgment of blood See death sentence under SENTENCE.

judgment of cassetur billa See CASSETUR BILLA.

judgment of cassetur breve See CASSETUR BREVE.

judgment of repleader See REPLEADER.

Judgment of Solomon – A decision that is extremely difficult to make.  *  The reference is to the biblical story in which King Solomon gives a wise judgment to two women who both claimed to be the mother of a baby — the order being to split the baby in half.  The woman who objected on the baby’s behalf, preferring instead to relinquish her claim, was found to be the mother.  See SPLIT THE BABY.

judgment-proof adj. (18c) (Of an actual or potential judgment debtor) unable to satisfy a judgment for money damages because the person has no property. does not own enough property within the court’s jurisdiction to satisfy the judgment, or claims the benefit of statutorily exempt property. –Also termed execution-proof

1 ‘-A‘A“-“‘ OA‘ A’-A“ -AA——-

judgment quad computer. See QUOD COMPUTET. judgment receiver. See RECEIVER (1).

judgment record. See judgment docket under DOCKET (1).

judgment roll. See judgment docket under DOCKET (1).

“As the pleadings constitute part of the record, it is indispensable that they be filed. In some of the codes they must be filed at the institution of the action; in others, by or before the first day of the term; in others, at or before the trial. They must be used in making the ‘judgment roll,’ and in the practice of each State (not here considered) proce~ dure is provided to procure filing.” Edwin E. Bryant, The

Law of Pleading Under the Codes of Civil Procedure 179 (2d ed. 1899).

judgment-roll appeal. See APPEAL (2). judgment sale. See execution sale under SALE.

judgment seat. (16c) 1. The bench on which a judge sits. 2. By extension, a court or tribunal.

judgment summons. See SUMMONS.

judicable (joo-di-ka-bal), adj. (17c) Rare. Capable of being adjudicated; triable; justiciable. -Also termed judiciable


judicare (joo-di-kair-ee), vb. [Latin] Civil law. To judge; to decide or determine judicially; to give judgment or sentence.


judicate, vb. See ADIUDICATE.

judicative (joo-di-kay-tiv or ~ka-tiv), adj. Rare. See ADIU’ DICATIVE.

indicator (joo-di-kay-tar), n. (18c) A person authorized to act or serve as a judge.

judicatory (joo-di-ka-tor-ee), adj. (17c) 1. Of, relating to, or involving judgment. 2. Allowing a judgment to be made; giving a decisive indication.

judicatory (joo-di-ka~tor-ee), n. (16c) l. A court; any tribunal with judicial authority <a church judicatory>.

2. The administration of justice <worl<ing toward a more efficient judicatory).

judicatum solvi (joo-di-kay-tam sol-v1). [Latin “that the jud ment will be paid”] (17C) 1. Roman law. The payment of t e sum awarded by way of judgment. 2. Roman law. Security for the payment of the sum awarded by way of judgment. 0 This applied when a representative appeared on the defendant’s behalf at the trial. 3. Civil law. A courtordered caution given by the defendant in a maritime case. See CAUTION.

“Judicatum solvl . . . . The cautioner in such an obligation is bound in payment or fulfilment of whatever may be decerned for, and he is not liberated from the obligation by the death of the principal debtor. It is a kind of caution not infrequently required. Under the civil law this caution was required of any defender who remained in possession, during the suit, of the subject which gave rise to the dispute.” John Trayner, Trayner’s Latin Maxims 292-93

(4th ed. 1894).

judicature (joo-di-ka-char). (16c) l. The action of judging or of administering justice through duly constituted courts. 2. IUDICIARY (3). 3. A judge’s ofhce, function, or authority. 4. The system by which courts, trials, and other aspects of the administration of justice are organized in

a country. -Also termed (in sense 4) judicial system. [1]

judgment (iuj’ment).

judgment book. A court record in which judgments are entered. 30A Am J Rev ed Judgm §9l.

judgment by cognovit actionem (juj’ment b’i kogne’vit ak-she-o’nem). A judgment rendered, after service of process upon the defendant, upon his acknowledgment and confession that the plaintiff’s cause of action is just and rightful. 30A Am J Rev ed Judgm § 156.

judgment by confession. A judgment entered by confession of the defendant. 30A Am J Rev ed Judgm § 156.

judgment by confession relicta veriticatione (juj’ment bi kon-fesh’on re-lik’ta ve-ri-ii-ka-she-é’ne). A judgment rendered against the defendant where, after pleading and before trial, he has both confessed the plaintiff ’8 cause of action and withdrawn or abandoned his plea or other allegations, the judgment being entered upon such confession. 30A Am J Rev

ed Judgm § 156. judgment by consent. See consent judgment.

judgment by default. See default judgment.

judgment by default and inquiry. A judgment which establishes a right of action in the plaintiff as de~ clared in the complaint, the precise character. cx~ tent, and amount of wluch remains to be

determined by a hearing in damages and a final judgment thereon. De llotl‘ v Black, 206 NC 687, US SE l79.

Judgment by default final. A default judgment in tmal form, ctfective by way of estoppcl and res

judicata, upon the allegations of the complaint. De Hoff v Black, 206 N15 687. 175 NE 179.

Judgment by nil dicit. Same as judgment nihil dicit.

judgment by non sum informatus (juj’ment bi non sum in-for-ma’tus). A judgment rendered when, instead of entering a plea or answer, the defendant‘s attorney says he is not informed of any answer to be given to the action. 30A Am J Rev ed Judgm


judgment by one’s peers. See judgment of his peers.

judgment creditor. A creditor who has secured a judgment against his debtor for the amount of his debt; a person in whose favor a judgment has been entered, which has not been satisfied.

judgment creditor’s action. As usually understood, an action in equity or of an equitable nature to enforce the payment of the judgment out of prOperty or interests of the debtor which cannot be reached by ordinary legal process. 21 Am 12d Cred


judgment debitum sine brevi (iuj’ment de’bi-tum si’ne bré’vi). He owes wrthout declaration tiled;

debt evidenced by confession of judgment without suit. 30A Am J Rev ed Judgm § 156.

judgment de bonis intestati (dé bo’nis in-tes-ta’ti). A judgment affecting the property of the intestate,–a prOper form of judgment in all cases where an administrator is a party defendant and the estate

of his deceased intestate is liable for the debt. 31 Am 12d Ex & Ad §759.

judgment de bonis testatoris (dé bo’nis tes-ta-to’ris). A judgment affecting the property of the testator, —a prOper form of judgment in all cases where an executor is a party defendant and the estate of his

decedent is liable for the debt. 31 Am J2d Ex & Ad § 759.

judgment debt. An indebtedness evidenced by a judgment; a debt owing on a judgment.

judgment debtor. A person against whom a judg-v

ment has been entered and which has not been satisfied.

judgment debtor summons. A summons issued against a debtor under the English Bankruptcy Act.

judgment de melioribus damnis (juj’ment dé me-li6’ri-bus dam’nis). A judgment for the highest amount found by the jury, where its verdict differs in amounts as to the different defendants who are liable as cotortfeasors.

judgment de tarris. A judgment obtained on a dower charge on land. Byers v Byers, 339 Pa 146, 14 A2d 93. ‘

judgment docket. A book kept and prepared in the ofiice of the clerk of court wherein there is noted the facts respecting judgments entered and re~ corded, such as the date of entry, the parties, satisfaction, execution taken and returned, the page of the complete record of the court upon which a par

ticular judgment appears, etc. 30A Am J Rev ed Judgm § 91.

judgment d. s. b. Same as judgment debitum sine brevi.

judgment for want of prosecution. See judgment of nolle prosequi; judgment of non pros.

judgment fund statute. A statute which provides an indemnity fund for losses caused by uninsured or unknown motorists. 7 Am 12d Auto § 301.

judgment index. An index of the judgments entered in a court, alphabetically arranged, usually under the names of both plaintiff and defendant.

judgment in error. The judgment of the higher court rendered on a writ of error.

judgment in personam. A judgment, necessarily on a personal obligation, which follows the person wherever he may be, and which may be enforced by action or levy, wherever he may be found, binding the person of the defendant. A money judgment which is rendered in an action in personam, which proceeds, not against the property, but against the person; and binds only those who are parties to the

action, and those in pmity with them. Bardwell v Anderson, 44 Minn 97, 46 NW 315.

judgment in rem. A judgment pronounced upon the status of some particular subject matter, or rendered in a proceeding instituted against pr0perty, or brought to enforce a jus in re, with no cognizance taken of the owner or persons having a beneficial interest in the prOperty. Combs v Combs, 240 Ky 155, 60 SW2d 368, 89 ALR 1095.

judgment lien. Security for the judgment debt. 30A Am J Rev ed Judgm §480. A lien predicated Upon the rendition or entry of judgment, the same being the right given the judgment creditor to subject by lex y or seizure the prOperty of the judgment debtor

to the satisfaction of the judgment. Jones v Hall Va 658, 15 SE2d 108.

judgment nihil (or nil) dicit (iuj’ment nil di’sit). A judgment against a party taken upon his failure to plead. Graves v Cameron, Castles & Storey, 77 Tex 273, 275, 14 SW 59. Substantially the same as a judgment by default. Wilbur v Maynard, 6 C010 483, 485; Stevens v State, 100 Vt 214, 136 A 387.

judgment nisi (judgment ni’si). A rule to show cause why judgment should not be rendered. Young v

M’Pherson, 3 NJL 895, 897. See decree nisi.

judgment non obstante veredicto (iuj’ment non ob

stan’te vé-re-dik’to). See judgment notwithstanding the verdict.

judgment non sum informatus (juj’ment non sum in

for-ma’tus). Same as judgment by non sum informatus.‘ .

judgment note. Same as cognovit note.

judgment notwithstanding the verdict. A judgment rendered upon a motion made after verdict but before rendition of judgment on the verdict, in which the applicant prevails in showing that he is entitled to judgment under the law notwithstanding the verdict returned against him by the jury. 30A Am J Rev ed Judgm § 292.

Although the motion for judgment notwithstanding the verdict was available only to the plaintiff at common law, it is now generally available to both parties, either as a result of judicial relaxation of the common-law rule confining the remedy to the plaintiff, or as a result of express statutory provisions granting the remedy to defendants. 30A Am 1 Rev ed Judgm § 292.

judgment nunc pro tunc (nunk pro tunk). See nunc pro tunk judgment.

judgment of affirmance. See atiirmance.

judgment of assets in future (iuj’ment of assets in fu-tt‘i’ro). A judgment which is enforceable against a future interest of the defendant in real preperty.

judgment of cassetur billa (juj’ment of kas:é’ter bil’la). A decree of a court of equity ordering a dismissal of the bill.

judgment of cassetur breve (juj’ment of kas-é’ter bré’ve). Same as judgment of cassetur billa.

judgment of conviction. A judgment against the defendant in a criminal case; a judgment denoting the action of a court of criminal jurisdiction formally declaring to the accused the legal consequences of the guilt which he has confessed or of which he has been convicted. Ellis v State, 100 Fla 27, 129 So 106, 69 ALR 783.

judgment of dismissal. Sec dismissal; dismissal with« out prejudice; dismissal with prejudice.

judgment of God. Sec judicium Dei.

judgment of his peers. A trial by a jury who are the peers of the party accused, being of like condition and equality in the state. 31 Am J Rev ed Jur § 7.

judgment of interpleader. Same as decree of inter pleader.

judgment of nil capiat (nil ka’pi-at). A judgment that he (the plaintiff) take nothing.

A judgment which is entered when the defendant has pleaded in bar and the plaintiff’s demurrer t0 the plea is overruled. Such a judgment should be entered, although there may be also one or more

issues of fact; because, upon the whole, it appears that the plaintiff had no cause of action. La Tou~

rette v Burton (US) 1 Wall 25, 53, 17 L Ed 604, 609.

judgment of nil enplnt per hillam (iuj’ment of nil kit’pi-at per bil’lam). Same as judgment of nil capiat per breve.

judgment of nll enplat per breve (juj’ment of nil ka’pi~ at wr bré’vc). A judgment rendered in favor of the dc endant on an Issue raised by a plea in bar or by

a plea in abatement.

judgment of nolle prosequi (juj’ment of nol’le pro’sequi). A judgment rendered in favor of the defendant upon the formal refusal of the plaintiff to proceed with the action; sometimes styled nol. pros. Com“ monwealth v Casey, 94 Mass (12 Allen) 214,. 2l8. A type of judgment superseded in many jurisdictions by judgment of nonsuit. Steele v Beaty, 215 NC 680, 2 SE2d 854.

judgment of no]. pros. (juj’ment of no] pros). Same as judgment of nolle prosequi.

judgment of non pros. (iuj’ment of non pros). Abbreviation of judgment of non prosequitur.

judgment of non prosequitur (iuj’ment of non prose’qui-ter). A judgment entered when the plaintiff at any stage of the proceedings fails to prosecute his action, or any part of it, in due time. 24 Am 12d Dism §4. An old form of judgment diSplaced by the more modern form of involuntary nonsuit. Steele v Beaty, 215 NC 680, 2 SE2d 854.

judgment of nonsuit. See nonsuit. judgment of ouster. See ouster judgment. judgment of repleader. See repleader.

judgment of respondeat ouster (iuj’ment of respon’de-at ous’ter). A judgment rendered against a defendant upon an issue of law raised by his dilatory plea, the effect of which is to overrule the plea and require the defendant to answer to the merits of the action. A judgment on demurrer against the defendant should be reSpondeat ouster. Cooke v Crawford, 1

Tex 9.

judgment of restitution. See restitution.

judgment of retraxit (ré-trak’sit). A judgment rendered against a plaintiff who has withdrawn his action. See retraxit.

judgment of the iron (of the i’érn). See judieium ferri.

judgment of water. See judicium aquae.

As used in a statute giving a right to a new trial in ejectment when the judgment is rendered on ei¢ ther default or verdict, it has been held that the term “judgment on a verdict” was intended to embrace all cases where the decision upon which the judgment was rendered had been given on contestation, as distinguished from a “judgment on de

fault,” and that such statute applies in cases where judgment is entered on the mandate of an appellate

court. Smalles v Mitchell, 143 US 99, 36 L Ed 90, 12 S Ct 353.

judgment on demurrer. The judgment rendered upon the determination made by the court after hearing

a demurrer.

For conclusiveness of judgment rendered upon sustaining or overruling a demurrer, see 41 Am J lst

g Pl §§ 251 et seq. e judgment on the merits. A judgment based on legal e s



rights as distinguished from mere matters of practice, procedure, jurisdiction, or from-win other 1words, a judgment that determines, on an issue

either of law or fact, which party is right. Rosenthal v McMann, 93 Cal 505, 29 P 121.

judgment on the pleadings. A judgment rendered on motion :—in favor of the defendant for failure of the plaintiff to state a good cause of action in his complaint, declaration, or petition; in favor of the plaintiff where the defendant fails to state in his answer a defense sufficient in law to the cause of action alleged by the plaintiff or fails to tender any real

issue of facts in the case. 41 Am Jlst Pl §335.

judgment on the verdict. A judgment rendered on a verdict of a jury as distinguished from a judgment rendered on a decision’by the court in a trial to the court without a jury.

judgment paper. The paper on which the final judgment of the court in an action is written and signed. See judgment roll.

judgment par contumace (par kon-tu-ma’sé). In French law, a judgment condemning a person to death. President of United States v Kelly (CA2 NY) 96 F2d 787.

judgment pro confesso (juj’ment pro kon-fes’o). A judgment by confession.

judgment pro retorno habendo (juj’ment pro retor’no ha-ben’do). A judgment ordering a restoration of goods.

judgment quando acciderint (juj’ment quan’do aksi’de-rint). A judgment rendered against an heir or an executor which can only be enforced against assets which may afterwards come into his hands.

judgment quasi in rem (juj’ment qua’si’ in rem). A judgment, the object of which is to determine as between particular persons, the title to particular prOperty or the right to possession of particular property, or to subject certain property of a particular person to the payment of a particular obligation of’ such person, either because such personal obligation is secured by alien on the property, or because jurisdiction over the person of the obligor cannot be acquired. Sometimes regarded as a qualified judgment in personam rather than a qualified judgment in rem. 30A Am J Rev ed Judgm § 126.

judgment (1006 computet (juj’ment quod kom

pii’tet). A judgment ordering the defendant to render an account. ‘

judgment quod eat inde quietus (juj’ment quod e’at in’de qui-é’tus). Judgment that he go hence acquitted,–a judgment of acquittal on a criminal charge. State v Buchanan (Md) 5 Harr & J 317.

judgment quod partes replacitent (juj’ment quod par’téz re-pla’si-tent). A judgment that the parties replead. See repleader.

judgment quod partitio fiat (juj’ment quod par-ti’she6 E’at). A judgment that a partition be made, a judgment ordering a partition of property.

judgment quod recuperet (juj’ment quod ré-ku’peret). A judgment that he should recover, that is, a judgment rendered in favor of the plaintiff otherwise than on a dilatory plea.

judgment record. The record of a judgment.

judgment rendered. A judgment by judicial action. Dieffenbach v Roch, 112 NY 621, 20 NE 560. See rendition of judgment.

judgment rendered and satisfied. Indicating for the purpose of a limitation provision in a liability insurance policy, the time when a final judgment is paid

and satisfied. Anno: 83 ALR 759; 29A Am J Rev ed Ins § 1798.

judgment roll. A collection of papers including every part of the action or proceeding, or such parts as the statute may specify, to be preserved where the action or proceeding is in a court of record, usually the summons, aflidavit of service, pleadings, in. structions to the jury, minutes of the verdict or findings, the decision, if the trial was to the court, and judgment, the common practice being to include all the papers that would be printed upon an appeal. Peerson v Mitchell, 205 Okla 530, 239 PM 1028, 26 ALR2d 1362, cert den 342 US 866, 96 L Ed 652, 72 S Ct 106.

judgment satisfied. An entry on the record indicating payment and satisfaction of a judgment.

The entry of “judgment satisfied” is not a part of the judgment of the court. It is an entry of record to be used as evidence in case there is a question about the plaintiff’s right afterwards to collect the judgment. The entry has no effect on the plaintiff ’5 right to appeal from the judgment itself. Preston v Henshaw, 192 Mass 34, 77 NE 1153.

judgment setotf. See setoff of judgments.

judgment vacated, verdict set aside, and new trial granted – The formal order for a new trial to be entered in the court record. Fisher v Hestonville, Mantua & Fairmount Passenger Railway Co. 185 Pa 602, 40 A 97. [2]

judgment book Same as judgment docket

judgment by default [dc ‘fawltl See default judgment.

judgment creditor [kred ‘ i ‘ ter] A creditor who has secured a judgment against his debtor which has not been satisfied.

judgment debt A debt for which judg. ment has been entered. See entry of judgment.

judgment debtor [det ‘ er] A person against whom a judgment, which has not

been satisfied, has been entered. See entry of judgment.

judgment docket [dok et] A book or docket maintained by the clerk of court in which are recorded all judgments that have been entered, and, among other things, the date of entry, the parties, and whether the judgment was satisfied. See entry of judgment.

judgment execution [ek° se kyoo shen] See execution; execution creditor; execu

tion lien.

judgment in personam [per soh ~ nam] A judgment against a person, as distinguished from a judgment against a specific piece of property or against a specific account. A judgment in personam may be satisfied out of any property owned by the judgment debtor. Compare judg~ ment in rem. See in personam action; jurisdiction in personam.

judgment in rem A judgment in an action brought against property, or brought to enforce a right in property, as distinguished from a judgment against a


person. Compare judgment in personarn. See in rem; in rem action; jurisdiction 1n rem. See also judgment quasi in rem.

judgment lien [leen] A lien created by entry of judgment. It gives the judgment creditor the right to attach the preperty of the judgment debtor to satisfy the judgment. *

judgment non obstante veredicto [iuj ment non ob stan teh 5 ’ veh reh dik 1011] (Latin) Means “judg~ ment notwithstanding the Verdict ” Sée  ~ judgment notwithstanding the verdict ‘

judgment note A promissory nute

that contains a provision authorrzmg the « creditor to obtain a judgment against ‘

the debtor on the note without the a: J ‘ formalities involved 111 bringing suit ‘ 1 Judgment notes are not valid 1n all states. See confession of judgment warrant of ‘

attorney . . . L. __

judgment notwithstanding the verdict [not with stan ding the ver dikt] Also referred to as a judgment N CV. a judgment rendered by the court in favor of a party, notwithstanding the fact that

the jury has returned a Verdict against that party.


judgment NOV Short for judgment notwithstanding the verdict and judgment non obstante veredicto.

judgment nunc pro tunc [nunk pro tunk] See nunc pro tune.

judgment on the merits [me/1r ° its] A judgment based on the substantive rights of the parties, as distinguished’

from a judgment based upon procedural points. See merits.

judgment on the pleadings [plea ‘ dingz] A judgment rendered in favor of the defendant when the plaintiff ’s complaint fails to state a cause of action, or in favor of the plaintiff when the defendant’s answer fails to state a legally sufficient

defense. See pleadings. See also demurrer; summary judgment.

judgment proof Refers to persons (for EXAMPLE, indigent persons or insolvent persons) against whom, because of their circumstances, a judgment has no value because it cannot be enforced.

judgment quasi in mm [kway ‘ sye] A judgment affecting property that determines only the rights of the parties with

respect to the property, not the rights of all persons who might have an interest in it. EXAMPLE: a judgment in an action involving the administration of a trust (beneficiaries other than the plaintiff may have an interest in the trust estate); a judgment in a receivership (other creditors); a judgment in a case involving marshaling assets (other mortgagees). See quasi in rem action. Compare judgment in personam; judgment in rem.

judgment rendered [ren ‘ derd] See render judgment.

judgment roll A collection of papers that, in some states, the clerk must file when she dockets the judgment in a case. The contents of a judgment roll differ according to state statute, but usually include the summons, the affidavits of service, the pleadings, the jury instructions, and the decision or the judgment.

     See also arrest of judgment; confession of judgment; declaratory judgment; default judgment; deficiency judgment; dormant judgment; entry of judgment; estoppel by judgment; final judgment; foreign judgment; money judgment; render judgment; revival of judgment; summary judgment; vacation of judgment; void judgment. [3]


Disclaimer: All material throughout this website is compiled in accordance with Fair Use.

[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6

[2]: Ballantine’s Law Dictionary with Pronunciations
Third Edition
 by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]:  Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine 
(James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.

[4]: 1 Henry Campbell Black, A Treatise on the Law of Judgments § 1, at 2 (2d ed. 1902).


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