{"id":13531,"date":"2018-02-09T22:36:54","date_gmt":"2018-02-09T22:36:54","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=13531"},"modified":"2018-03-16T17:45:13","modified_gmt":"2018-03-16T17:45:13","slug":"adjudication","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=13531","title":{"rendered":"adjudication – may refer to the process of judicially deciding a case, or a court’s final judgment, usually made after the trial"},"content":{"rendered":"

\u00a0\u00a0\u00a0\u00a0 This page is continued from Court Proceedings<\/a> >>>> Court Rulings, Orders, Decrees, Judgments, etc.<\/a>:<\/span>
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adjudication<\/span>:<\/span><\/strong>
\nn. (17c) <\/span><\/p>\n

1<\/span>. The legal process of resolving a dispute; the process of judicially deciding a case. <\/span><\/strong><\/p>\n

2.<\/strong> JUDGMENT.<\/strong><\/a>. [1]
\n<\/span><\/p>\n

1. The determination of the issues in an action according to which judgment is rendered; a solemn, final, and deliberate determination of an issue by the judicial power, after a hearing in respect to the matters determined. Sans v New York<\/em>, 31 NY Misc 559, 560 64 NYS 681<\/span>.<\/span><\/strong> [2]<\/span><\/p>\n

1. The final decision of a court, usually made after trial of the case; the court’s final judgment.<\/strong> [3]<\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 Excerpt from John Finnis’ Philosophy of Law<\/em><\/a> (2011):<\/strong><\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 \u201cAdjudication is the effort to identify the rights of the contending parties now by identifying what were, in law, the rights and wrongs, or validity or invalidity, of their actions and transactions when entered upon and done.<\/span>\u201d<\/strong> [4]<\/span><\/p>\n

former adjudication<\/span> –<\/strong> (18c) A judgment in a prior action that resulted in a final determination of the rights of the parties or essential fact questions and serves to bar relitigation of the issues relevant to that determination.\u00a0 *\u00a0 Collateral estoppel and res judicata are the two types of former adjudication.<\/strong>\u00a0 See COLLATERAL ESTOPPEL; RES JUDICATA. [1]
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3.<\/strong> Scots law<\/em>. The Court of Session\u2019s transfer of heritable property to a creditor as security for or in satisfaction Of a debt, or its vesting title in an entitled claimant.<\/strong><\/span><\/p>\n

adjudication hearing<\/span> –<\/strong> See HEARING. <\/span><\/p>\n

adjudication withheld<\/span> –<\/strong> See DEFERRED PROSECUTION.<\/span><\/p>\n

adjudicative <\/span>–<\/strong> adj<\/em>. (1848) 1. Of, relating to, or involving adjudication. 2. Having the ability to judge. <\/strong>\u2014 aka adjudicatory<\/strong><\/em><\/span>; judicative<\/strong><\/em><\/span>.<\/span><\/p>\n

adjudicative-claims arbitration<\/span> –<\/strong> See ARBITRATION.<\/span><\/p>\n

adjudicative fact<\/span> –<\/strong> See FACT.<\/span><\/p>\n

adjudicative law<\/span> –<\/strong> See CASELAW.<\/span><\/p>\n

adjudicator <\/span>–<\/strong> (1835) A person whose job is to render binding decisions; one who makes judicial pronouncements.<\/strong><\/span><\/p>\n

adjudicatory hearing<\/span> –<\/strong> See adjudication hearing<\/em> under HEARING.<\/span><\/p>\n

adjudicatory jurisdiction<\/strong><\/span> – See JURISDICTION (2).<\/span><\/p>\n

adjudicatory proceeding<\/span> –<\/strong> See adjudication hearing<\/em> under HEARING.<\/span><\/p>\n

ad judicium provocare<\/span> –<\/strong> vb<\/em>. [Latin] To summon to court; to commence an action.<\/strong> [1]<\/span><\/p>\n

articulate adjudication<\/span> –<\/strong> (Scotch.) The practice of ascertaining the amount of each debt by itself where several different debts are due one creditor.<\/strong><\/span><\/p>\n

prior adjudication<\/span> – A previous judgment in which the same matter in a\u00a0 dispute between the same parties was, or might have been put in issue and tried.\u00a0 Cromwell v Sac County<\/em> (US) 4 Otto 251, 24 L Ed 195<\/span>.<\/span><\/strong>
\n\u00a0\u00a0\u00a0\u00a0 See res judicata<\/strong><\/em><\/span>.<\/span><\/p>\n

res judicata<\/span>:<\/span><\/strong><\/p>\n

1. Literally, the thing has <\/span>been decided, been adjudicated. State v Wear<\/em>, 145 M0 162, 192, 46 SW 1099<\/span>. <\/span><\/strong><\/p>\n

The principle that an existing final judgment rendered upon the merits, without fraud or collusion, by a court of competent jurisdiction, is conclusive of rights, questions, and ‘ facts in issue, as to the parties and their privies, in I all other actions in the same or any other judicial tribunal of concurrent jurisdiction. 30A Am J Rev ed Jud<\/span>gm \u00a7 324<\/span>.<\/span><\/span><\/strong><\/p>\n

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The effect of a judgment as res judicata appears in at least three aspects, viz. merger of cause of action, bar, and estoppel. Anno: 49 ALR2d 1038<\/span>.<\/span><\/strong><\/p>\n

A difference exists between the effect of a judgment as a bar to a second action between the same parties upon the same claim or demand and its effect in another action upon a different cause of action; in the former case, the judgment on the merits constitutes an absolute bar to the second action, being a finality, not only as to every matter which was offered and received to sustain or defeat the claim or demand, but also as to any other admissible matter which might have been offered for that purpose; in the latter case, the judgment is a bar only as to the matters actually litigated and determined in the former action, and not as to what might have been litigated and determined therein. Smith v Smith<\/em>, 235 Minn 412, 51 NW2d 276, 32 <\/span><\/span><\/strong>ALR2d 1135<\/span>.<\/strong>
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Res judicata facit ex albo nigrum, ex nigro album, ex curvo rectum, ex recto curvum<\/span> – When anything has been adjudicated, it makes white black, black white, curved straight and straight curved.
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Res judicata pro veritate accipitur<\/span> –<\/strong> (Civil law.) A matter which has been adjudicated is accepted or received as true.<\/strong><\/span><\/p>\n

Res judicata pro veritate habetur<\/span> – An adjudicated matter shall <\/span><\/strong>be deemed correct. O\u2019Donnell v Glenn<\/em>, 9 Mont 452, 23 P 1018<\/span>.<\/strong> [2]<\/span><\/p>\n<\/div>\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is compiled in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

[1]: Black\u2019s Law Dictionary\u00a0Deluxe Tenth Edition\u00a0by Henry Campbell Black & Editor in Chief Bryan A. Garner<\/a>. ISBN: 978-0-314-62130-6<\/b><\/span><\/strong><\/p>\n

[2]: Ballantine\u2019s Law Dictionary\u00a0<\/a><\/b><\/span><\/strong>with Pronunciations
\n<\/b><\/span><\/em>Third Edition<\/b><\/span><\/strong><\/a>\u00a0<\/span><\/strong>by James A. Ballantine\u00a0<\/b><\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/b><\/span><\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/b><\/span><\/strong><\/p>\n

[3]:\u00a0\u00a0Ballantine\u2019s Law Dictionary <\/a><\/b><\/span><\/strong>Legal Assistant Edition<\/b><\/span><\/a><\/em>
\nby Jack Ballantine\u00a0<\/b><\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/b><\/span><\/em>Doctored<\/b><\/span><\/a><\/strong>\u00a0<\/span><\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/b><\/span><\/strong><\/p>\n

[4]: John Finnis, Philosophy of Law<\/em><\/a> 399 (2011).<\/span><\/strong><\/p>\n

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