Legal Terms Judgement
With respect to civil actions in “equity” and not in “law”. In English legal history, courts of “law” could order the payment of damages and could offer no other remedy (see damages). A separate “fairness” tribunal could order someone to do something or stop something (e.g., injunction). In U.S. jurisprudence, federal courts have both legal and just power, but the distinction is always important. For example, a jury trial is generally available in “legal cases,” but not in “fairness” cases. Decisions of a quasi-judicial body and administrative bodies may be colloquially referred to as “judgments”. However, these decisions can be distinguished from judgments because the legal definition of judgment takes into account decisions made by judges in court. [2] Therefore, even if a quasi-judicial or administrative body deals with questions of law, its decisions cannot be characterized as judgments. Case law – The study of the law and the structure of the legal system. Summary judgment is a judgment rendered by a court or judge without a full trial. Any party to a dispute may seek summary judgment, provided that there is no disagreement on the merits of the case. This allows both parties to avoid the costs of a full procedure.
However, if a party requests summary judgment, the judge will always examine the facts in the light most favourable to the opponent. For this reason, most parties to a lawsuit avoid summary judgment unless they believe the law is firmly on their side. The term “reasons for judgment” is often used interchangeably with “judgment”, although the former refers to the court`s justification for the judgment, while the latter refers to the court`s final decision regarding the rights and obligations of the parties. [3] Since the world`s major legal systems recognize a customary, legal or constitutional obligation to justify a judgment, a distinction between “judgment” and “reasons for judgment” may be unnecessary in most cases. The glossary of legal terms defines more than 100 of the most common legal terms in easy-to-understand language. The terms are listed in alphabetical order and can be best retrieved here via a letter: The duties of a court with regard to judgments are regulated in the Code of Civil Procedure. [113] A trial judgment must contain certain information, including the parties and their representatives, the court and judges involved in the decision, the date of closure of the proceedings, the merits of the case, and the reasons for the judgment. [114] In particular, the law requires that “claims asserted and defences or defences be brought before the courts, highlighting the claims made. Details of the circumstances and facts and the status of the proceedings to date shall be recorded by reference to pleadings, the minutes of the hearing and other documents.
[and] a brief summary of the considerations relating to the facts and circumstances of the case and the legal aspects on which the decision is based. [114] The legal system that originated in England and is now used in the United States is based on the articulation of legal principles in a historical sequence of judicial decisions. Common law principles can be changed by statute. In the case of HKSAR v. Yip Kim Po, the judge (Honorary Judge Kevin Browne) issued a verdict of 1,753 paragraphs on 465 pages after more than a year of criminal proceedings. The Court of Appeal noted that “the sheer length of the judge`s reasoning creates significant difficulties for appellate courts and any other newcomers to the case as they attempt to unravel relevant evidence and identify the real problems in the trial. Reasoning that is too long also creates problems for the judge himself who must focus on the core issues of the trial in order to explain clearly, concisely and quickly why he made the decision he made. The Court of Appeal agreed with the Court of Appeal`s submissions, stating: “Although a judge must keep a record of evidence and submissions, it is not the job of a judgment to be that record. Instead, the main purpose of a judgment is to identify the final issues in the case; qualitatively, by reference to the evidence accepted or rejected, to set out the main facts established by the judge; relate these findings to the factual issues of the case; show how a conclusion was reached; make the necessary findings of fact; the identification and application of appropriate legal principles; and, ultimately, to make the appropriate disposition orders.” [68] Chapter of the Insolvency Code, which provides for the settlement of debts of a “family farmer” or “family fisher”, as defined in the Insolvency Code. There are four types of judgements in civil cases, namely: 1. If the facts are accepted by the parties, but the law is challenged; as in the case of a judgment on Demurrer; 2.
If the law is admitted but the facts are disputed; as in the case of a judgment on a judgment; 3. When the law and the facts are admitted by confession; as in the case of Cognovit Actionem on behalf of the defendant; or nolle prosequi on the part of the applicant; 4. In the event of failure of either party in the course of legal proceedings, for example in the case of a nihil disit or non sum informatus judgment, if the defendant has not pleaded or directed his lawyer to do so after proper notification, or in cases of a non-pro judgment; or, as in the case of inaction, if the applicant does not pursue the proceedings. Suit – A lawsuit brought by a plaintiff against a defendant based on a claim that the defendant failed to comply with a legal obligation, causing harm to the plaintiff. A court decision in a previous case with facts and points of law similar to a dispute currently pending in court. Judges generally “follow precedents,” that is, they use principles established in previous cases to decide new cases that have similar facts and raise similar legal issues. A judge will disregard precedents if a party can prove that the previous case was ill-decided or that it differs significantly from the current case. Obtaining a judicial judgment can only be the first step in the recovery of a debt obligation. Although judgments are final, the collection of payments is an expensive and often unsuccessful process. While creditors can seize assets as part of the collection of a judgment, most states offer exceptions for certain types of property, such as: a principal residence or a personal vehicle. While a judgment should not be ignored, there are ways to protect certain assets from collection.
Most state laws offer exceptions that protect certain types of property, such as a primary residence or vehicle, as long as the value of that property is below a certain limit. In addition, certain types of personal property may be protected under Chapter 7 of bankruptcy, allowing debtors to discharge their obligations without relinquishing their real property. A judgment lien is a court judgment that allows one party to take possession of another party`s property, usually to satisfy a debt or similar obligation. A judicial lien allows the creditor to take possession of the debtor`s movable or immovable property, such as houses, vehicles or other personal property. The UK Supreme Court has stated that, in a relatively lengthy and costly hearing, it is important that the judgment (i) clearly identifies all the issues of fact in dispute and expert opinions, and (ii) clarifies all issues relevant to the judge`s legal opinion. and the issues that would be relevant if the judge`s legal opinion were found to be erroneous. Otherwise, there is a real risk that a full or partial retrial will be ordered, bringing the administration of justice into disrepute. [77] In the United States, courts distinguish between two types of actions: civil and criminal. Civil actions are disputes between two persons or entities.
For example, a customer can seek civil judgment against a company for breach of contract, or two neighbors can seek redress in a property dispute. This type of judgment usually results in financial compensation for the injured party, but may also result in additional fines or penalties. Written statements submitted to the court outlining a party`s legal or factual allegations about the case. Judgment is a court decision set out in a court order that settles a dispute between two parties by determining the rights and obligations of each party. A judgment may require financial compensation or the transfer of property from one party to another. Judgments may also have non-monetary requirements, such as an instruction from one party to provide a service to the other party.
