judgment

A sense of knowledge sufficient to comprehend nature of transaction. Thomas v. Young, 57 App. D.C. 282, 22 F.2d 588, 590.

An opinion or estimate. McClung Const. Co. v. Muncy, Tex.Civ.App., 65 S.W.2d 786, 790.

The formation of an opinion or notion concerning some thing by exercising the mind upon it. Cleveland Clinic Foundation v. Humphrys, C.C.A.Ohio, 97 F.2d 849, 857.

The official and authentic decision of a court of justice upon the respective rights and claims of the parties to an action or suit therein litigated and submitted to its determination. The final decision of the court resolving the dispute and determining the rights and obligations of the parties. The law's last word in a judicial controversy, it being the final determination by a court of the rights of the parties upon matters submitted to it in an action or proceeding. Towley v. King Arthur Rings, Inc., 40 N.Y.2d 129, 386 N.Y.S.2d 80, 351 N.E.2d 728, 730.

Conclusion of law upon facts found or admitted by the parties or upon their default in the course of the suit. Decision or sentence of the law, given by a court of justice or other competent tribunal, as the result of proceedings instituted therein, Allegheny County v. Maryland Casualty Co., C.C.A.Pa., 132 F.2d 894, 897.

Decision or sentence of the law pronounced by the court and entered upon its docket, minutes or record. Determination of a court of competent jurisdiction upon matters submitted to it. State ex rel. Curran v. Brookes, 142 Ohio St. 107, 50 N.E.2d 995, 998.

Determination or sentence of the law, pronounced by a competent judge or court, as the result of an action or proceeding instituted in such court, affirming that, upon the matters submitted for its decision, a legal duty or liability does or does not exist. Term "judgment" under rules practice includes "decree". Fed.R.Civ.P. 54(a).

Terms "decision" and "judgment" are commonly used interchangeably.

"Sentence" and "judgment" are synonymous in criminal action and appeal from sentence is same as appeal from judgment. People v. Spencer, 71 C.2d 933, 80 Cal.Rptr. 99, 101, 458 P.2d 43.

The term "judgment" is also used to denote the reason which the court gives for its decision; but this is more properly denominated an "opinion."

An award may be in the nature of, or equivalent of, a judgment. Holliday v. Sailing, 54 Ariz. 496, 97 P.2d 221, 223.

Also, an order may be a judgment. Traders & General Ins. Co. v. Baker, Tex.Civ.App., Ill S.W.2d 837, 839, 840.

See also amendment of judgment

- decree

- entering judgments

- judgment in rem

- judgment quasi in rem

- rendition of judgment

- sentence

- simulated judgment

- vacation of judgment

- void judgment.

Specific Types of Judgments

@ agreed judgment

A judgment entered on agreement of the parties, which receives the sanction of the court, and it constitutes a contract between the parties to the agreement, operates as an adjudication between them and when court gives the agreement its sanction, becomes a judgment of the court. Traveler's Ins. Co. v. U. S., D.C.Tex., 283 F.Supp. 14, 28.

See also consent judgment, below.

@ alternative judgment

One that by its terms might be satisfied by doing either of several acts at the election of the party or parties against whom the judgment is rendered and from whom performance is by the judgment required. A judgment for one thing or another which does not specifically and in a definite manner determine the rights of the parties.

@ appealable judgment

One which disposes of all parties and issues in case. Chuning v. Calvert, Mo.App., 452 S.W.2d 580, 582.

See also final judgment.

@

- arrest of judgment.

@ assets in future, judgment of

@ judgment of assets in future

One against an executor or heir, who holds at the time no property on which it can operate.

@

- cognovit actionem.

- cognovit judgment; also, confession of judgment, below.

@ conditional judgment

One whose force depends upon the performance of certain acts to be done in the future by one of the parties; as, one which may become of no effect if the defendant appears and pleads according to its terms, or one which orders the sale of mortgaged property in a foreclosure proceeding unless the mortgagor shall pay the amount decreed within the time limited.

@ confession of judgment

At common law, judgment entered where defendant, instead of entering plea, confessed action, or withdrew plea and confessed action. Judgment where a defendant gives the plaintiff a cognovit or written confession of the action by virtue of which the plaintiff enters judgment. The act of a debtor in permitting judgment to be entered against him by his creditor, for a stipulated sum, by a written statement to that effect or by warrant of attorney, without the institution of legal proceedings of any kind; voluntary submission to court's jurisdiction. O'Hara v. Manley, 140 Pa.Super. 39, 12 A.2d 820, 822.

Such agreements for confession of judgment are void in many states; e.g. Mass.G.L. c. 231, No. 13A. The negotiability of an instrument is not affected by a term authorizing a confession of judgment if the instrument is not paid when due. U.C.C. No. 3-112.

See also cognovit judgment

- judgment

@ consent judgment

A judgment, the provisions and terms of which are settled and agreed to by the parties to the action. Matthews v. Looney, 132 Tex. 313, 123 S.W.2d 871, 872.

See also decree (consent decree); and agreed judgment, above.

@ contradictory judgment

A judgment which has been given after the parties have been heard, either in support of their claims or in defense. Used in Louisiana to distinguish such judgments from those rendered by default.

@

- declaratory judgment

@ default and inquiry, judgment by

@ judgment by default and inquiry

It establishes right of action of kind properly pleaded in complaint, determines right of plaintiff to recover at least nominal damages and costs, and precludes defendant from offering any evidence on execution of inquiry to show that plaintiff has no right of action. Such type judgment is obsolete.

@ default judgment

A judgment rendered in consequence of the non-appearance of the defendant. Fed.R.Civil P. 55(a). One entered upon the failure of a party to appear or plead at the appointed time. The term is also applied to judgments entered under statutes or rules of court, for want of affidavit of defense, plea, answer, and the like, or for failure to take some required step in the cause.

Judgments rendered on defendant's default are:

- judgment by default;

- judgment by non sum informatus;

- judgment nil dicit.

Judgments rendered on plaintiffs default are:

- judgment of non pros, (from non prosequitur) and

- judgment of nonsuit (from non sequitur, or ne suit pas).

@ deficiency judgment

A judgment in favor of a creditor for the difference between the amount of the indebtedness and the amount derived from the judicial sale held in order to satisfy the indebtedness. Cameron Brown South, Inc. v. East Glen Oaks, Inc., La.App., 341 So.2d 450, 456.

+ deficiency judgment

In mortgage law, imposition of personal liability on mortgagor for unpaid balance of mortgage debt after foreclosure has failed to yield full amount of due debt. In re Pittsburgh-Duquesne Development Co., C.A.Pa., 482 F.2d 243, 246.

If a foreclosure sale yields less than the mortgage debt, most states permit the mortgagee to obtain a judgment for the difference. Such deficiency judgments are subject, however, to a substantial amount of statutory regulation. May also apply to debt due after repossession of personal property subject to security interest.

See also judgment

@

- de melioribus damnis

@ demurrer, judgment on

@ judgment on demurrer

Such concludes party demurring, because by demurring, a party admits the facts alleged in the pleadings of his adversary and relies on their insufficiency in law.

See demurrer.

@ dismissal, judgment of

See dismissal.

@ domestic judgment

A judgment is domestic in the courts of the same state or country where it was originally rendered; in other states or countries it is called foreign.

See foreign judgment, below.

@ dormant judgment

One which has not been satisfied or extinguished by lapse of time, but which has remained so long unexecuted that execution cannot now be issued upon it without first reviving the judgment. Or one which has lost its lien on land from the failure to issue execution on it or take other steps to enforce it within the time limited by statute.

See judgment

- revival

@ execution of judgment

See execution of judgment or decree.

@

- face of judgment

@ final judgment

One which puts an end to an action at law by declaring that the plaintiff either has or has not entitled himself to recover the remedy he sues for. So distinguished from interlocutory judgments. A judgment which disposes of the subject-matter of the controversy or determines the litigation as to all parties on its merits. A judgment which terminates all litigation on the same right. Appeals in federal courts will only lie from "final" judgments. 28 U.S.C.A. No. 1291.

See final decision or judgment

- final decision rule.

- judgment

@ foreign judgment

One rendered by the courts of a state or country politically and judicially distinct from that where the judgment or its effect is brought in question. One pronounced by a tribunal of a foreign country, or of a sister state. Grover & B. Sewing Mach. Co. v. Radcliffe, 137 U.S. 287, 11 S.Ct. 92, 34 L.Ed. 670.

Several, states have adopted the Uniform Foreign Money Judgments Recognition Act, and also the Uniform Enforcement of Foreign Judgments Act. General verdict subject to a special case, judgment on. Where at the trial the parties agree on the facts and the only question is one of law and a verdict pro forma is taken and the jury find for the plaintiff generally but subject to the opinion of the court on a special case.

@ in personam or inter partes judgment

See personal judgment, below; judgment in personam or inter partes.

@ in rem judgment

See judgment in rem.

@ interlocutory judgment

One given in the progress of a cause upon some plea, proceeding, or default which is only intermediate and does not finally determine or complete the suit. One which determines some preliminary or subordinate point or plea, or settles some step, question, or default arising in the progress of the cause, but does not adjudicate the ultimate rights of the parties, or finally put the case out of court. Thus, a judgment or order passed upon any provisional or accessory claim or contention is, in general, merely interlocutory, although it may finally dispose of that particular matter. An "interlocutory judgment" is one which reserves or leaves some further question or direction for future determination. State ex rel. Great Am. Ins. Co. v. Jones, Mo., 396 S.W.2d 601, 603.

See interlocutory appeal

@ consent judgment

A judgment, the provisions and terms of which are settled and agreed to by the parties to the action. Matthews v. Looney, 132 Tex. 313, 123 S.W.2d 871, 872.

See also decree (consent decree); and agreed judgment, above.

@ judgment of conviction

A judgment of conviction shall set forth the plea, the verdict or findings, and the adjudication and sentence. If the defendant is found not guilty or for any other reason is entitled to be discharged, judgment shall be entered accordingly. The judgment shall be signed by the judge and entered by the clerk. Fed.R.Crim.P. 32(b)

@ judgment on pleadings

After the pleadings are closed but within such time as not to delay the trial, any party may move for judgment on the pleadings. If, on a motion for judgment on the pleadings, matters outside the pleadings are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 56. Fed.R.Civ.P. 12(c). This device resembles closely a demurrer to the extent that it attacks the pleadings on the same basis as a demurrer

@ junior judgment

One which was rendered or entered after the rendition or entry of another judgment, on a different claim, against the same defendant.

@ merits, judgment on

@ judgment on merits

One rendered after argument and investigation, and when it is determined which party is in the right, as distinguished from a judgment rendered upon some preliminary or formal or merely technical or procedural point, or by default and without trial. A decision that was rendered on the basis of the evidence and facts introduced. Normally, a judgment based solely on some procedural error is not a judgment on the merits. The latter kind of judgment is often referred to as a "dismissal without prejudice." A party who has received a judgment on the merits cannot bring the same suit again. A party whose case has been dismissed without prejudice can bring the same suit again so long as the procedural errors are corrected (i.e., cured) in the later action. For res judicata purposes is one which determines the rights and liabilities of the parties based on the ultimate fact as disclosed by the pleadings or issues presented for trial. Thompson-Hayward Chemical Co. v. Cyprus Mines Corp., 8 Kan.App.2d 487, 660 P.2d 973, 975.

@ money judgment

One which adjudges the payment of a sum of money, as distinguished from one directing an act to be done or property to be restored or transferred. A judgment, or any part thereof, for a sum of money or directing the payment of a sum of money.

Several states have adopted the Uniform Foreign Money Judgments Recognition Act.

+ money judgment

A final order, decree or judgment of a court by which a defendant is required to pay a sum of money in contrast to a decree or judgment of equity in which the court orders some other type of relief; e.g. injunction or specific performance.

See also judgment

For enforcement of money judgments, See execution

@ nihil dicit judgment.

See nihil dicit.

@ nil capiat per breve or per billa

(that he take nothing by his writ, or by his bill).

A judgment in favor of the defendant upon an issue raised upon a declaration or peremptory plea.

@ nil dicit, judgment by

@ judgment by nil dicit

Judgment for plaintiff rendered when defendant has appeared but has failed to answer or when answer has been withdrawn or abandoned and no further defense is made. Bredeson v. Merrill Lynch, Pierce, Fenner & Smith, Inc., Tex.Civ.App., 513 S.W.2d 110, 112.

At common law, it may be taken against defendant who omits to plead or answer whole or any separable substantial portion of declaration. It amounts to judgment by confession with reference to cause of action states. Grand Lodge Brotherhood of Railroad Trainmen v. Ware, Tex.Civ.App., 73 S.W.2d 1076, 1077.

Under current rules practice, such judgment is substantially identical with default judgment.

See also nihil dicit.

@ judgment nisi

At common law, judgment nisi was a judgment entered on the return of the nisi prius record, which, according to the terms of the postea indorsed thereon was to become absolute unless otherwise ordered by the court within the first four days of the next succeeding term.

See also nisi

- show cause order.

@ nolle prosequi, judgment of

@ judgment of nolle prosequi

One entered against plaintiff when, after appearance and before judgment, he declares that he will not further prosecute his suit. Merchants Mut. Casualty Co. v. Kiley, 92 N.H. 323, 30 A.2d 681, 683.

See also nolle prosequi.

@

- non obstante veredicto.

@ non pros

/non pros/ Abbreviation of non prosequitur (q.v.)

(non prosequitur [he does not follow up, or pursue]).

@

- judgment of nonsuit (See also nonsuit)

- non sum informatus

@ judgment notwithstanding verdict

@ notwithstanding verdict

See non obstante veredicto.

@

- nul tiel record

- nunc pro tunc

@ offer of judgment

Before trial, a party defending against a claim may serve upon the adverse party an offer to allow judgment to be taken against him for the money or property or to the effect specified in his offer, with costs then accrued. If after service of the offer the adverse party serves written notice that the offer is accepted, either party may then file the offer and notice of acceptance together with proof of service thereof and thereupon the clerk shall enter judgment. Fed.R.Civil P. 68.

See judgment

@ personal judgment

One imposing on the defendant a personal liability to pay it, and which may therefore be satisfied out of any of his property which is within the reach of process, as distinguished from one which may be satisfied only out of a particular fund or the proceeds of particular property. Judgments in which court has personal jurisdiction over parties. State v. Dreyer, 188 Kan. 270, 362 P.2d 55, 57.

@ pro retorno habendo

@ judgment pro retorno habendo

A judgment that the party have a return of the goods.

@ judgment quod computet

See quod computet.

@ judgment quod partes replacitent.

See quod partes replacitent.

@ judgment quod partitio fiat

Interlocutory judgment in a writ of partition, that partition be made.

@ judgment quod recuperet

See quod recuperet.

@

- relicta verificatione

@ repleader, judgment of

See repleader.

@ judgment of respondeat ouster

When the issue in law arises on a dilatory plea, and is determined for the plaintiff, the judgment is only that the defendant "do answer over," called a judgment of respondeat ouster; it is interlocutory only.

See also respondeat ouster

@

- retraxit

- revival of judgment (revival)

- stet processus.

- summary judgment.

@ verdict, judgment on

@ judgment on verdict

The most usual of the judgments upon facts found, and is for the party obtaining the verdict.

See also verdict.

@

- warrant of attorney (warrant)