JUDGMENT

judgment.

1. A court’s final determination of the rights and obligations of the parties in a case. • The term judgment includes an equitable decree and any order from which an appeal lies. Fed. R. Civ. P. 54. — Abbr. J. — Also spelled (esp. in BrE) judgement.

— Also termed (historically) judgment ex cathedra. Cf. RULING(1); OPINION(1). [Cases: Federal Civil Procedure 2391–2628; Judgment

1. C.J.S. Judgments §§ 2–3, 6, 8, 13.]

2. English law. An opinion delivered by a member of the appellate committee of the House of Lords; a Law Lord’s judicial opinion.

— Also termed (in sense 2) speech.

“An 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.” 1 Henry Campbell Black, A Treatise on the Law of Judgments§ 1, at 2 (2d ed. 1902).

accumulative judgment. 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.

agreed judgment. A settlement that becomes a court judgment when the judge sanctions it. • 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.

— Also termed consent judgment; stipulated judgment; judgment by consent. [Cases: Federal Civil Procedure 2397; Judgment 71–91. C.J.S. Judgments §§ 182–194, 370–374.]

alternative judgment. A determination that gives the losing party options for satisfying that party’s duties.

cognovit judgment (kog-noh-vit). A debtor’s confession of judgment; judgment entered in accordance with a cognovit. See CONFESSION OF JUDGMENT; COGNOVIT. [Cases: Federal Civil Procedure 2396; Judgment 54. C.J.S. Judgments §§ 140, 143–144, 170.]

conditional judgment. A judgment whose force depends on the performance of certain acts to be done in the future by one of the parties. • For example, a conditional judgment may order the sale of mortgaged property in a foreclosure proceeding unless the mortgagor pays the amount decreed within the time specified.

— Also termed common order.

confession of judgment. See CONFESSION OF JUDGMENT.

consent judgment. See agreed judgment.

contradictory judgment. Civil law. A judgment that has been given after the court has heard the parties make their claims and defenses. • In Louisiana, this term is opposed to default judgment. Cf. contradictory motion under MOTION.

declaratory judgment. A binding adjudication that establishes the rights and other legal relations of the parties without providing for or ordering enforcement. • Declaratory judgments are often sought, for example, by insurance companies in determining whether a policy covers a given insured or peril.

— Also termed declaratory decree; declaration. [Cases: Declaratory Judgment

1. C.J.S. Declaratory Judgments § 1.]

default judgment. See DEFAULT JUDGMENT.

deferred judgment. A judgment placing a convicted defendant on probation, the successful completion of which will prevent entry of the underlying judgment of conviction. • This type of probation is common with minor traffic offenses.

— Also termed deferred adjudication; deferred-adjudication probation; deferred prosecution; probation before judgment; probation without judgment; pretrial intervention; adjudication withheld. [Cases: Sentencing and Punishment 2050.]

deficiency judgment. 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.

— Also termed deficiency decree. [Cases: Mortgages 375, 559; Secured Transactions 240. C.J.S. Mortgages §§ 674–676, 933; Secured Transactions §§ 164–166, 168–169, 172, 174–175, 180–183.]

definitive judgment. See final judgment.

determinative judgment. See final judgment.

domestic judgment. A judgment rendered by the courts of the state or country where the judgment or its effect is at issue.

dormant judgment. A judgment that has not been executed or enforced within the statutory time limit. • 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).

erroneous judgment. A judgment issued by a court with jurisdiction to issue it, but containing an improper application of law. • 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 appeal.

— Also termed judgment in error. See ERROR(2).

excess judgment. Insurance. A judgment that exceeds all of the defendant’s insurance coverage. [Cases: Insurance 2934(3), 3346, 3374.]

executory judgment (eg-zek-y[schwa]-tor-ee). A judgment that has not been carried out, such as a yet-to-be-fulfilled order for the defendant to pay the plaintiff.

final appealable judgment. See final judgment.

final judgment. A court’s 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’s fees) and enforcement of the judgment.

— Also termed final appealable judgment; final decision; final decree; definitive judgment; determinative judgment; final appealable order. See FINAL-JUDGMENT RULE. [Cases: Appeal and Error 76(1); Federal Civil Procedure 2579. C.J.S. Appeal and Error §§ 82–83.]

foreign judgment. A judgment rendered by a court of a state or country different from that where the judgment or its effect is at issue. [Cases: Judgment 813–832. C.J.S. Judgments §§ 965–1038, 1053.]

in personam judgment. See personal judgment.

in rem judgment. See judgment in rem.

interlocutory judgment (in-t[schwa]r-lok-[y][schwa]-tor-ee). An intermediate judgment that determines a preliminary or subordinate point or plea but does not finally decide the case. • A judgment or order given on a provisional or accessory claim or contention is generally interlocutory.

— Also termed interlocutory decree. [Cases: Appeal and Error 68; Federal Civil Procedure 2578. C.J.S. Appeal and Error §§ 82–84.]

irregular judgment. A judgment that may be set aside because of some irregularity in the way it was rendered, such as a clerk’s failure to send a defendant notice that a default judgment has been rendered.

judgment as a matter of law. A judgment rendered during a jury trial — either before or after the jury’s verdict — against a party on a given issue when there is no legally sufficient basis for a jury to find for that party on that issue. • 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. [Cases: Federal Civil Procedure 2111, 2601; Judgment 199; Trial 167. C.J.S. Judgments §§ 62–68, 70; Trial §§ 432–433, 437–438.]

judgment by confession. See CONFESSION OF JUDGMENT.

judgment by consent. See agreed judgment.

judgment by default. See DEFAULT JUDGMENT.

judgment by nil dicit. See nil dicit default judgment under DEFAULT JUDGMENT.

judgment by non sum informatus. See NON SUM INFORMATUS.

judgment for money. See money judgment.

judgment homologating the tableau (h[schwa]-mahl-[schwa]-gay-ting / ta-blohortab-loh).Civil law. A judgment approving a plan for distributing property of a decedent’s estate. • The distribution plan is known as the tableau of distribution. La. Code Civ. Proc. art. 3307. See HOMOLOGATION.

judgment in error. See erroneous judgment.

judgment in personam. See personal judgment.

judgment in rem (in rem). A judgment that determines the status or condition of property and that operates directly on the property itself. • The phrase denotes a judgment that affects not only interests in a thing but also all persons’ interest in the thing.

— Also termed in rem judgment. [Cases: Judgment 803. C.J.S. Judgments § 1054.]

judgment in retraxit. See judgment of retraxit.

judgment inter partes. See personal judgment.

judgment nil capiat per billa (nil kap-ee-[schwa]t p[schwa]r bil-[ schwa]). Judgment that the plaintiff take nothing by the bill; a take-nothing judgment in a case instituted by a bill.

judgment nil capiat per breve (nil kap-ee-[schwa]t p[schwa]r breevorbree-vee). Judgment that the plaintiff take nothing by the writ; a take-nothing judgment in a case instituted by a writ.

judgment nisi (nI-sI). A provisional judgment that, while not final or absolute, may become final on a party’s motion. See NISI.

judgment notwithstanding the verdict. 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-[schwa]-dik-toh). — Abbr. JNOV; judgment N.O.V. See judgment as a matter of law. [Cases: Criminal Law 977(4); Federal Civil Procedure 2601–2610; Judgment 199. C.J.S. Judgments §§ 62–68, 70.]

judgment nunc pro tunc. A judgment entered on a day after the time when it should have been entered, as of the earlier date.

— Also termed decree nunc pro tunc. See NUNC PRO TUNC.

judgment of acquittal. A judgment, rendered on the defendant’s motion or court’s 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. [Cases: Criminal Law 753.

2. C.J.S. Criminal Law § 1276.]

judgment of blood. See death sentence under SENTENCE.

judgment of cassetur billa. See CASSETUR BILLA.

judgment of cassetur breve. See CASSETUR BREVE.

judgment of conviction.

1. 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)(1).

2. A sentence in a criminal case. See SENTENCE. [Cases: Criminal Law 990. 1.]

judgment of discontinuance.

1. A judgment dismissing a plaintiff’s action based on interruption in the proceedings occasioned by the plaintiff’s failure to continue the suit at the appointed time or times.

2. NONSUIT(1). — Often shortened to discontinuance. See DISCONTINUANCE.

judgment of dismissal. A final determination of a case (against the plaintiff in a civil action or the government in a criminal action) without a trial on its merits. See DISMISSAL. [Cases: Federal Civil Procedure 1837; Pretrial Procedure 694. C.J.S. Dismissal and Nonsuit §§ 48, 80.]

judgment of nolle prosequi (nahl-ee prahs-[schwa]-kwI). A judgment entered against a plaintiff who, after appearance but before judgment on the merits, has decided to abandon prosecution of the lawsuit. See NOLLE PROSEQUI.

judgment of nonsuit.

1. 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. • This judgment does not prevent the plaintiff from filing the same case again. [Cases: Federal Civil Procedure 2116.]

2. NONSUIT(2).

judgment of repleader. See REPLEADER.

judgment of retraxit (ri-trak-sit). Hist. A judgment against a plaintiff who has voluntarily retracted the claim. • Such a judgment bars the plaintiff from relitigating the claim.

— Also termed judgment in retraxit. See RETRAXIT.

judgment on the merits. A judgment based on the evidence rather than on technical or procedural grounds.

— Also termed decision on the merits.

judgment on the pleadings. 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. [Cases: Federal Civil Procedure 1041–1068; Pleading 342. C.J.S. Pleading § 594.]

judgment on the verdict. A judgment for the party receiving a favorable jury verdict.

judgment quasi in rem (kway-sI [or -zI] in rem). A judgment based on the court’s jurisdiction over the defendant’s interest in property rather than on its jurisdiction over the defendant or the property. • Such a judgment affects only particular persons’ interests in a thing — that is, only the persons who are named or described in the proceeding. [Cases: Judgment 805. C.J.S. Judgments § 1059.]

judgment quod billa cassetur (kwod bil-[schwa] k[schwa]-see-t[schwa]r). Judgment that the bill be quashed. • This is a judgment for the defendant.

judgment quod breve cassetur (kwod breevorbree-vee k[schwa]-see-t[ schwa]r). Judgment that the writ be quashed. • This is a judgment for the defendant.

judgment quod computet. See QUOD COMPUTET.

judgment quod recuperet (kwod ri-kyoo-p[schwa]r-it). Judgment that the plaintiff recover. See QUOD RECUPERET.

judgment respondeat ouster (ri-spon-dee-at ows-t[schwa]r). Hist. An interlocutory judgment requiring the defendant who has made a dilatory plea to give a more substantial defense. See RESPONDEAT OUSTER.

junior judgment. A judgment rendered or entered after the rendition or entry of another judgment, on a different claim, against the same defendant.

money judgment. A judgment for damages subject to immediate execution, as distinguished from equitable or injunctive relief.

— Also termed judgment for money.

nunc pro tunc judgment (n[schwa]ngk proh t[schwa]ngk). 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. • This device is often used to correct defects in real-estate titles. [Cases: Federal Civil Procedure 2625; Judgment 273, 326. C.J.S. Judgments §§ 123–125, 299.]

personal judgment.

1. A judgment that imposes personal liability on a defendant and that may therefore be satisfied out of any of the defendant’s property within judicial reach.

2. A judgment resulting from an action in which a court has personal jurisdiction over the parties.

3. A judgment against a person as distinguished from a judgment against a thing, right, or status.

— Also termed judgment in personam (in p[schwa]r-soh-n[schwa]m); in personam judgment; judgment inter partes (in-t[schwa]r pahr-teez).

simulated judgment. 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.

stipulated judgment. See agreed judgment.

summary judgment. See SUMMARY JUDGMENT.

suspension of judgment. See STAY.

take-nothing judgment. A judgment for the defendant providing that the plaintiff recover nothing in damages or other relief.

— Also termed (in some states) no cause of action.

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.

voidable judgment. 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. [Cases: Judgment 27, 353, 501. C.J.S. Judgments §§ 308, 526, 546, 549.]

void judgment. A judgment that has no legal force or effect, the invalidity of which may be asserted by any party whose rights are affected at any time and any place, whether directly or collaterally. • From its inception, 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 judgment is the lack of subject-matter jurisdiction. [Cases: Federal Civil Procedure 2392; Judgment 5–27, 346, 486. C.J.S. Judgments §§ 4–5, 13–28, 30, 43–46, 48, 73, 75, 82, 201, 203–205, 207, 307, 403, 499, 512, 546, 548–549.]