This page is continued from Court Proceedings >>>> Court Rulings, Orders, Decrees, Judgments, etc. >>>> Types of Judgments:
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default judgment:
(16c)
1. A judgment entered against a defendant who has failed to plead or otherwise defend against the plaintiff’s claim.
2. A judgment entered as a penalty against a party who does not comply with an order, especially an order to comply with a discovery request. See Fed. R. Civ. P. 55(b). — aka judgment by default. See JUDGMENT (2). [1]
1. A judgment rendered upon an omission by the defendant to take a necessary step in the action within the proper time, for example, a failure to appear or a failure to plead, such omission being a default entitling the plaintiff to have judgment rendered in his favor, usually, but not invariably, without proof of his claim except as evidence is required to establish damages. 30 A Am J Rev ed Judgm §§ 198 et seq. [2]
1. A judgment rendered in favor of a plaintiff based upon a defendant’s failure to take a necessary step in a lawsuit within the required time. [3]
Various Types of Default Judgments:
nil-dicit default judgment – (nil dI-sit) [Latin “he says nothing”] (2002) A judgment for the plaintiff entered after the defendant fails to file a timely answer, often after the defendant appeared in the case by filing a preliminary motion. — Often shortened to nil dicit. — aka nihil dicit; nihil-dicit default judgment; judgment by nil dicit. [1]
nil dicit – He says nothing, meaning that he has not pleaded; that he has failed to interpose a plea or answer to the plaintiff’s declaration or complaint. Wilbur v Maryland, 6 Colo 483, 485. [2]
no-answer default judgment – (1979) A judgment for the plaintiff entered after the defendant fails to timely answer or otherwise appear.
post-answer default judgment – (1979) – A judgment for the plaintiff entered after the defendant files an answer, but fails to appear at trial for otherwise provide a defense on the merits.
default – n. (13c) The omission or failure to perform a legal or contractual duty; especially, the failure to pay a debt when due. [1]
1. Fault; neglect; omission; the failure to perform a duty or obligation; the failure of a person to pay money when due or when lawfully demanded. Docking v National Surety Co. 122 Kan 235, 252 P 201.
The failure of a party to an action to appear in the action when he is under duty to appear, as where a defendant has been served with timely and legal process or to plead in an action where he is required to plead. 30A Am J Rev ed Judgm §§ 198 et seq.
In the law of mandamus a “default” is a failure of a public officer or a group of officers to perform a legal duty. Anno: 175 ALR 650.
See default judgment; wilful default. [2]
1. The failure of a person to pay money when due.
2. The failure to perform a duty or obligation.
3. The failure of a party to a lawsuit to appear in court when she is under a duty to appear or to plead when she is required to plead.
4. Fault; neglect; omission. [3]
default – vb. (16c) 1. To be neglectful; especially, to fail to perform a contractual obligation. 2. To fail to appear or answer. 3. To enter a default judgment against (a litigant). [1]
1. To fail to meet some legal obligation or duty.
2. To ail; to neglect; to omit. [2]
defaultant – adj. (1884) In default; having defaulted. See DEFAULTER.
default clause – A contract provision defining what constitutes an act of default and the consequences of it. See DEFAULT.
defaulter – (17c) 1. Someone who is in default. 2. Someone who misappropriates or fails to account for money held in the person’s official or fiduciary capacity. — aka defaultant. [1]
References:
Disclaimer: All material throughout this website is compiled in accordance with Fair Use.
[1]: Black’s Law Dictionary DeluxeTenthEdition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4
[2]: Ballantine’s Law Dictionary withPronunciationsThird 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 LegalAssistantEdition
by Jack Ballantine (James Arthur 1871-1949). Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning. ISBN 0-8273-4874-6.
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