Judgment

The word judgment is frequently used interchangeably with decree, ruling and even award and damages. Basically, it is the legal term for the final decision made by a court at the conclusion of a trial, whether it is a civil lawsuit, a criminal prosecution or an appeal from a lower court.

There are several kinds of judgments in civil actions, all of which fall under one of four broad categories, or species:

  1. The facts of the case are acknowledged by the parties involved, but one or both dispute the application of the law (see demurrer)
  2. The application of the law to the case is acknowledged by the parties, but the facts of the matter are in dispute (see verdict)
  3. The law and its application to the facts of the case are acknowledged; either the defendant admits fault (cognovit actionem, "he has confessed") or the plaintiff agrees to drop the case (nolle prosequi, "[he is] unwilling to pursue [the matter]")
  4. By default; either the defendant fails to answer the complaint, or the plaintiff fails to follow up on a proceeding. In either case, the judge has no choice but to find for the opposition.

An interlocutory judgment is a temporary, tentative or interim decision that stands until a final judgment is made. An interlocutory judgment may be issued in a civil case in which the plaintiff has been awarded an unspecified amount. The interlocutory judgment stands until either the jury or the judge makes a final determination as to the amount to be awarded. One type of interlocutory judgment simply establishes the inadequacy of a defense. In this case, the judge finds for the plaintiff on the basis of demurrer, or the fact that the defendant has no real argument. Because it is a temporary ruling, it affords the defendant an opportunity to come up with a more adequate defense.

 

 

 

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