{"id":13533,"date":"2018-02-09T22:56:42","date_gmt":"2018-02-09T22:56:42","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=13533"},"modified":"2018-03-16T17:45:50","modified_gmt":"2018-03-16T17:45:50","slug":"judgment","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=13533","title":{"rendered":"judgment – final determination of rights and obligations of each party, or a formal declaration to the accused, with legal consequences"},"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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judgment<\/span>:<\/span><\/strong>
\n(13c)<\/span><\/p>\n

1. A court\u2019s final determination of the rights and obligations of the parties in a case.\u00a0 *\u00a0 The term judgment includes an equitable decree and any order from which an appeal lies. Fed. R. Civ. P. 54<\/a>.<\/strong> \u2014 Also spelled (esp, BrE) judgement<\/strong><\/em><\/span>.\u00a0 Abbr. J.<\/strong><\/em><\/span> \u2014 aka (historically) judgment ex cathedra<\/strong><\/em><\/span>. [1]
\n<\/span><\/p>\n

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 \u00a7 2<\/span>. <\/span><\/strong><\/p>\n

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<\/em>, 326 M0 644, 33 SW2d 98<\/span>. <\/span><\/strong><\/p>\n

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 \u00a7 525<\/span>. <\/span><\/strong><\/p>\n

Sometimes synonymous with decision, as where both words are used in a<\/span> statute requiring a liberal construction. 30A Am J Rev ed Judgm \u00a7 14<\/span>. <\/span><\/strong><\/p>\n

In theory, a determination sought by a motion.<\/span><\/strong><\/p>\n

In common parlance, the formation of an opinion or notion concerning something by exercising the mind upon it.<\/span><\/strong><\/p>\n

The word is distinguished from desire which imports a wish of more or less intensity. Cleveland Clinic Foundation v Humphreys<\/em> (CA6 Ohio) 97 FM 849<\/span>.<\/span><\/strong>
\n\u00a0\u00a0\u00a0\u00a0 See decree<\/em>. [2]<\/span><\/p>\n

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.<\/span><\/strong><\/p>\n

2. In a criminal proceedings, a determination of guilt; a conviction.<\/strong> [3]<\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 `Excerpt from 1 Henry Campbell Black, A Treatise on the Law of Judgments<\/em><\/a> \u00a7 1, at 2 (2d ed. 1902):<\/span><\/strong><\/p>\n

\u00a0\u00a0\u00a0\u00a0 \u201cAn 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.<\/span>\u201d<\/strong> [4]<\/span><\/p>\n

accumulative judgment<\/span> –<\/strong> (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.<\/strong><\/span><\/p>\n

adjudication<\/span><\/a> – may refer to the process of judicially deciding a case, or a court’s final judgment, usually made after the trial.<\/span><\/strong><\/p>\n

agreed judgment<\/span> –<\/strong> (1945) A settlement that becomes a court judgment when the judge sanctions it.\u00a0 *\u00a0 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. <\/strong>\u2014 aka consent judgment<\/span><\/strong><\/em>; stipulated judgment<\/span><\/strong><\/em>; judgment by <\/span><\/strong><\/em><\/span>consent<\/span><\/strong><\/em>.<\/span><\/p>\n

alternative judgment<\/span> – A determination that gives the losing party options for satisfying that party\u2019s duties.<\/span><\/strong><\/p>\n

cognovit judgment<\/span> –<\/strong> (kog-noh-vit) (1857) A debtor\u2019s confession of judgment; judgment entered in accordance with a cognovit.<\/strong> See CONFESSION OF JUDGMENT; <\/span>COGNOVIT.<\/span><\/p>\n

conditional judgment<\/span> –<\/strong> (1822) A judgment whose force depends on the performance of certain acts to be done in the future by one of the parties.\u00a0 *\u00a0 For example, a conditional judgment may order the sale of mortgaged property in a foreclosure proceeding unless the mort<\/strong><\/span>gagor pays the amount decreed within the time specified.<\/strong> \u2014 aka common order<\/span><\/strong><\/em>.<\/span><\/p>\n

confession of judgment<\/span> – 1. A person’s agreeing to the entry of judgment upon the occurrence of nonoccurence of an event, such as making a payment.<\/span><\/strong><\/p>\n

2. A judgment taken against a debtor by the creditor, based on the debtor’s written consent.<\/span><\/strong><\/p>\n

3. The paper on which the person so agrees before it is entered.<\/strong> \u2014 aka confessed judgment cognovit judgment<\/span><\/strong><\/em>; statement of confession<\/span><\/strong><\/em>; warrant of confession<\/span><\/strong><\/em>; judgment by confession<\/strong><\/em><\/span>.
\nSee cognovit<\/em>.\u00a0 Cf. WARRANT OF ATTORNEY <\/span><\/p>\n

contradictory judgment<\/span> –<\/strong> Civil law<\/em>. A judgment that has been given after the court has heard the parties make their claims and defenses.\u00a0 *\u00a0 In Louisiana, this term is opposed to default judgment.<\/strong>\u00a0 Cf. contradictory motion<\/em> under MOTION (1).<\/span><\/p>\n

declaratory judgment<\/span><\/a> – declares conclusively the rights, duties, or status of the parties, but orders no executory or coercive relief.<\/strong> \u2014 aka declaratory decree<\/span><\/strong><\/em>; declaration<\/span><\/strong><\/em>.
\n<\/span><\/p>\n

default judgment<\/span><\/a> – rendered upon an omission by the defendant to take a necessary step in the action within the proper time.<\/strong> \u2014 aka judgment by default<\/strong><\/em><\/span>. Fed. R. Civ. P. 55(b)<\/strong><\/a>.
\n<\/span><\/p>\n

deferred judgment<\/span> –<\/strong> (1896) A conditional judgment placing a convicted defendant on probation, the successful completion of which will prevent entry of the underlying judgment of conviction.\u00a0 *\u00a0 This type of probation is common with minor traffic offenses.<\/strong> \u2014 aka deferred adjudication<\/span><\/strong><\/em>; deferred-adjudication probation<\/span><\/strong><\/em>; deferred prosecution<\/span><\/strong><\/em>; probation before judgment<\/span><\/strong><\/em>; probation without judgment<\/span><\/strong><\/em>; pretrial intervention<\/span><\/strong><\/em>; adjudication withheld<\/span><\/strong><\/em>.\u00a0 Cf. DEFERRED PROSECUTION.<\/span><\/p>\n

deficiency judgment<\/span> –<\/strong> (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.<\/strong> \u2014 aka <\/span>deficiency decree<\/span><\/strong><\/em>. <\/span><\/p>\n

discretionary judgment. An independent and necessary decision made in the absence of express instructions or guidance.<\/span><\/p>\n

> domestic judgment. A judgment rendered by the courts<\/span><\/p>\n

of the state or country where the judgment or its effect is at issue.<\/span><\/p>\n

> 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).<\/span><\/p>\n

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<\/span><\/p>\n

appeal. -Also termed judgment in error. See ERROR (2).<\/span><\/p>\n

v excess judgment. Insurance. A judgment that exceeds all of the defendant\u2019s insurance coverage.<\/span><\/p>\n

> 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.<\/span><\/p>\n

> final appealable judgment. See final judgment.<\/span><\/p>\n

> final judgment. (18c) A court\u2019s 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\u2019s fees) and enforcement of the judgment. –Also termed final appealable judgment; jinal decision; final decree; definitive judgment; deter<\/span><\/p>\n

minative judgment; final appealable order. See FINALJUDGMENT RULE.<\/span><\/p>\n

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.<\/span><\/p>\n

> in personam judgment. See personal judgment. > in rem judgment. See judgment in rem.<\/span><\/p>\n

> 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.<\/span><\/p>\n

b irregular judgment. A judgment that may be set aside because of some irregularity in the way it was rendered,<\/span><\/p>\n

such as a clerk\u2019s failure to send a defendant notice that a default judgment has been rendered.<\/span><\/p>\n

b joint judgment. (17c) A judgment under which each of two or more defendants is held liable for all the damages. \u201cA 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\u2019s original right was several as well as joint, so that he might have obtained, had he so chosen,<\/span><\/p>\n

separate judgments against each of the defendants.\u201d Glanville Williams, Joint Obligations 83 (1949).<\/span><\/p>\n

r judgment as a matter of law. (1873) A judgment rendered during a jury trial —either before or after the jury\u2019s 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.<\/span><\/p>\n

I\u00bb judgment by confession. See CONFESSION OF JUDGMENT.<\/span><\/p>\n

; z-ullhmAn\u2018 L-\u2018A\u2018.\u201c\u201cL \u201cA; i i .<\/span><\/p>\n

judgment by default. See DEFAULT JUDGMENT.<\/span><\/p>\n

> judgment by nil dicit. See nil-dicit default judgment under DEFAULT JUDGMENT.<\/span><\/p>\n

> judgment by non sum informatus. See NON SUM INFORMATUS.<\/span><\/p>\n

b judgment for money. See money judgment.<\/span><\/p>\n

> 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\u2019s estate. 0 The distribution plan is known as the<\/span><\/p>\n

tableau of distribution. La. Code Civ. Proc. art. 3307. See HOMOLOGATION.<\/span><\/p>\n

> judgment in error. See erroneous judgment. > judgment in personam. See personal judgment.<\/span><\/p>\n

> judgment in rem (in rem). (18c) A judgment that determines the status or condition of property and that<\/span><\/p>\n

operates directly on the property itself. 0 The phrase denotes a judgment that affects not only interests in a<\/span><\/p>\n

thing but also all persons\u2019 interest in the thing. -Also termed in rem judgment.<\/span><\/p>\n

b judgment in retraxit. See judgment of retraxit. b judgment inter partes. See personal judgment.<\/span><\/p>\n

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<\/span><\/p>\n

bill.<\/span><\/p>\n

> 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.<\/span><\/p>\n

e judgment nisi (nI-SI). (18c) A provisional judgment that, while not final or absolute, may become final on a party\u2019s motion. See NISI.<\/span><\/p>\n

\u00bb 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.<\/span><\/p>\n

\u201cAt 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.\u201d 1 A.C. Freeman, A Treatise of the Law of Judgments 17-19 (Edward W. Tuttle ed., 5th ed. 1925).<\/span><\/p>\n

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.<\/span><\/p>\n

AA. l;—<\/span><\/p>\n

f \u2018\u00a0<\/span>
\njudgment of acquittal. (17c) A judgment, rendered on the defendant\u2019s motion or court\u2019s 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).<\/span><\/p>\n

> judgment of blood. See death sentence under SENTENCE. b judgment of cassetur billa. See CASSETUR BILLA. b judgment of cassetur breve. See CASSETUR BREVE.<\/span><\/p>\n

> 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.<\/span><\/p>\n

> judgment of discontinuance. (18c) l. A judgment dismissing a plaintiffs action based on interruption in the proceedings occasioned by the plaintiff\u2019s failure to continue the suit at the appointed time or times.<\/span><\/p>\n

2. NONSUIT (1).\u2018–Often shortened to discontinuance. See DISCONTINUANCE.<\/span><\/p>\n

> judgment of dismissal. (1809) A final determination of a case (against the plaintiff in a civil action or the<\/span><\/p>\n

government in a criminal action) without a trial on its merits. See DISMISSAL.<\/span><\/p>\n

> 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<\/span><\/p>\n

NOLLE PROSEQUI.<\/span><\/p>\n

> 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). _ ‘<\/span><\/p>\n

> judgment of repleader. See REPLEADER.<\/span><\/p>\n

> 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.<\/span><\/p>\n

> judgment on the merits. (18c) A judgment based on the evidence rather than on technical or procedural grounds. -Also termed decision on the merits.<\/span><\/p>\n

> 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.<\/span><\/p>\n

> judgment on the verdict. (17c) A judgment for the party receiving a favorable jury verdict. i \u2018 \u2018<\/span><\/p>\n

p judgment quasi in rem (kway-sr [or -ZI] in rem). (1905) A judgment based on the court\u2019s jurisdiction over the defendant\u2019s interest in property rather than on its jurisdiction over the defendant or the property. 0 Such a judgment affects onl particular persons\u2019 interests in a thing –that is, on y the persons who are named or described in the proceeding.<\/span><\/p>\n

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

judgment for the defendant.<\/span><\/p>\n

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.<\/span><\/p>\n

> judgment quod computet. See QUOD COMPUTET.<\/span><\/p>\n

> judgment quod recuperet (kwod ri-kyoo-par-it). (17c) Judgment that the plaintiff recover.<\/span><\/p>\n

> 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.<\/span><\/p>\n

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.<\/span><\/p>\n

r money judgment. (1869) A judgment for damages subject to immediate execution, as distinguished from equitable or injunctive relief. -Also termed judgment<\/span><\/p>\n

for money. > nunc pro tunc judgment. See judgment nunc pro tunc.<\/span><\/p>\n

> 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\u2019s property within judicial reach. 2. A judgment resulting from an<\/span><\/p>\n

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).<\/span><\/p>\n

p several judgment. (16c) A judgment under which each of two or more defendants is held proportionately liable for damages.<\/span><\/p>\n

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.<\/span><\/p>\n

> stipulated judgment. See agreed judgment. v summary judgment. See SUMMARY JUDGMENT. > suspension of judgment. See STAY.<\/span><\/p>\n

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)<\/span><\/p>\n

no cause of action.<\/span><\/p>\n

> 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.<\/span><\/p>\n

> 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.<\/span><\/p>\n

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<\/span><\/p>\n

judgment is the lack of subject-matter jurisdiction.<\/span><\/p>\n

judgmental immunity<\/span> –<\/strong> See ERROR-OF-JUDGMENT RULE.<\/span><\/p>\n

judgment book<\/span> –<\/strong> See judgment docket<\/em> under DOCKET (1).<\/span><\/p>\n

judgment by comparison<\/span> –<\/strong> (1941) Patents<\/em>. Allowance of a patent claim because a similar claim has been allowed before.\u00a0 *\u00a0 There is no stare decisis doctrine in patent prosecutions, but examiners may consider. allowance of similar claims as a decision-making aid. \u2019<\/strong><\/span><\/p>\n

judgment creditor<\/span> –<\/strong> (18c) A person having a legal right to enforce execution of a judgment for a specific sum of money.\u00a0<\/strong> See US. v. Gilbert Assocs., Inc<\/em>, 345 US. 361, 365, <\/strong><\/span><\/span>73 S.Ct. 701, 704 (1953)<\/strong><\/span>.<\/span><\/p>\n