Judgment

Definition of Judgment

Note: See a more comprehensive approach to the Judgment legal concept in the American Law Encyclopedia

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.

Definition of Judgment

Meaning of judgment, related to United States investment and financial law, in the American Legal Dictionary. See also related words and terms of judgment below.

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“Judgment”, The American Law Dictionary, 1991, California

Judgment

In the Past

The decision or sentence of the law, given by a court of justice or other competent tribunal, as the result of proceedings instituted there, for the redress of an injury.

Developments

The language of judgments, therefore, is not that “it is decreed,” or ” resolved,” by the court; but ” it is considered,” (consideratum est per curiam) that the plaintiff recover his debt, damages (see more about this popular legal topic in the U.S. encyclopedia) or possession, as the case may need or that the defendant do go without day. This implies that the judgment is not so much the decision of the court, as the sentence of the law pronounced and decreed by the court, after due deliberation and inquiry.

Details

To be valid, a judicial judgment must be given by a competent judge or court, at a time and place appointed by law and in the form it needs. A judgment would be null, if the judge had not jurisdiction of the matter; or, having such jurisdiction, he exercised it when there was no court held or but of his district; or if be makeed a judgment before the cause was prepared for a hearing.

Other Aspects

The judgment must confine itself to the question raised before the court and cannot extend beyond it. For example, where the plaintiff sued for an injury (see more about this popular legal topic in the U.S. encyclopedia) committed on his lands by animals owned and kept carelessly by defendant, the judgment may be for damages (see more about this popular legal topic in the U.S. encyclopedia), but it cannot command the defendant for the future to keep his cattle out of the plaintiff's land. That would be to usurp the power of the legislature. A judgment declares the rights which belong to the citizen, the law alone rules future actions. The law commands all men, it is the same for all, because it is general; judgments are particular decisions, which apply only to particular people and bind no others; they vary like the circumstances on which they are founded.

More Information

Litigious contests present to the courts facts to appreciate, agreements to be construed and points of law to be resolved. The judgment is the result of the full examination of all these.

Other Issues

There are four kinds of judgments in civil cases, namely: 1. When the facts are admitted by the parties, but the law is disputed; as if judgment upon demurrer. 2. When the law is admitted, but the facts are disputed; as in, case of judgment upon a verdict. 3. When both the law and the facts are admitted by confession; as, in the case of cognovit actionem, on the part of the defendant; or nolle prosequi, on the part of the plaintiff. 4. By default of either party during legal proceedings, as in the case of judgment by nihil disit or non sum informatus, when the defendant has omitted to plead or instruct his attorney (see more about this popular legal topic in the U.S. encyclopedia) to do so, after a proper notice or in cases of judgment by non pros; or, as if nonsuit, when the plaintiff omits to follow up his proceedings.

These four species of judgments, again, are either interlocutory or final. Vide 3 Black. Com. 396; Bingh. on Judgm. 1. For the lien of judgment in the several estates, vide Lien.

A list of the various judgments is here given.

Judgment in assumpsit is either in favor of the plaintiff or defendant; when in favor of the plaintiff, it is that he recover a specified sum, assessed by a jury or on reference to the prothonotary or other proper officer, for the damages (see more about this popular legal topic in the U.S. encyclopedia) which he has sustained, by reason of the defendant's non-performance of his promises and undertakings and for full costs of suit. 1 Chit. Pl. 100. When the judgment is for the defendant, it is that he recover his costs.

Judgment in actions on the case for torts, when for the plaintiff, is that he recover a sum of money ascertained by a jury for his damages (see more about this popular legal topic in the U.S. encyclopedia) caused by the committing of the grievances complained of and the costs of suit. 1 Ch. Pl. 147. When for the defendant, it is for costs. Judgment of cassetur breve or billa, is in cases of pleas in abatement where the plaintiff prays that his “writ” or ” bill” “may be quashed, that he may sue or exhibit a better one.” Steph. Pl. 130, 131, 128 Lawes, Civ. PI. Judgment by confession. When instead of entering a plea, the defendant chooses to confess the action; or, after pleading; he does, at any time before trial, both confess the action and withdraw his plea or other allegations; the judgment against him, in these two cases, is called a judgment by confession or by confession relicta verificatione. Steph. Pl. 130. Contradictory judgment. By this term is understood, in the state of Louisiana (see more about this State laws here) , a judgment which has been given after the parties have been heard, either in support of their claims or in their defence. Code of Practice art. 535; 11 L. R. 366, 569. A judgment is called contradictory to distinguish it from one which is makeed by default. Judgment in covenant; when for the plaintiff, is that he recover an ascertained sum for his damages (see more about this popular legal topic in the U.S. encyclopedia), which he has sustained by reason of the breach or breaches of the defendant's covenant, together with costs of suit. 1 Chitty's Plead. 116, 117. When for the defendant, the judgment, is for costs. [1]

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Notes and References

Partialy, this information about judgment is based on the Bouvier's Law Dictionary, 1848 edition. There is a list of terms of the Bouvier's Law Dictionary, including judgment.

Judgment

Opinion or Judgment in the Past

A collection of reasons delivered by a judge for giving the judgment he is about to pronounce the judgment itself is sometimes called an opinion.

Developments

Such an opinion ought to be a perfect syllogism, the major of which should be the law; the minor, the fact to be decided and the consequence, the judgment which declares that to be conformable or contrary to law.

Details

Opinions are judicial or extra-judicial; a judicial opinion is one which is given on a matter which is legally brought before the judge for his decision; an extra-judicial opinion, is one which although given in court, is not necessary to the judgment. Vaughan, 382; 1 Hale's Hist. 141; and whether given in or out of court, is no more than the prolatum of him who gives it and has no legal efficacy. 4 Penn. St. R. 28. Vide Reason. [1]

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Notes and References

Partialy, this information about opinion is based on the Bouvier's Law Dictionary, 1848 edition. There is a list of terms of the Bouvier's Law Dictionary, including opinion.

Judgment (Civil Judicial Process)

Meaning of Judgment Notwithstanding the Verdict (judgment N.o.v.)

Judgment

Judgment

Definition of Judgment

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Definition of Judgment

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Judgment

In the Past

Developments

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Other Aspects

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Judgment

Opinion or Judgment in the Past

Developments

Details

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Notes and References

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Judgment (Civil Judicial Process)

Meaning of Judgment Notwithstanding the Verdict (judgment N.o.v.)

Judgment

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