JUDGMENT , in
See also:law, a
See also:term used to describe (I) the adjudication by a
See also:court of
See also:justice upon a controversy submitted to it inter partes (
See also:post litem contestatam) and determining the rights of the parties and the
See also:relief to be awarded by the court as between them; (2) the formal document issuing from the court in which that adjudication is expressed; (3) the opinions of the
See also:judges expressed in a review of the facts and law applicable to the controversy leading up to the adjudication expressed in the formal document . When the judgment has been passed and entered and recorded it binds the parties: the controversy comes to an end (transit in rem judicatam), and the
See also:person in whose favour the judgment is entered is entitled to enforce it by the appropriate method of " execution." There has been much controversy among lawyers as to the meaning of the expressions " final " and " interlocutory " as applied to judgments, and as to the distinction between a " judgment," a " decree," and an "
See also:order." These disputes arise upon the wording of statutes or rules of court and with reference to the appropriate times or modes of
See also:appeal or of execution . The judgments of one
See also:country are not as a
See also:rule directly enforceable in another country . In
See also:Europe, by treaty or arrangement,
See also:foreign judgments are in certain cases and on compliance with certain formalities made executory in various states . A similar
See also:provision is made as between England, Scotland and
See also:Ireland, for the registry and execution in each country of certain classes of judgments given in the others . But as regards the
See also:rest of the
See also:king's dominions and foreign states, a " foreign " judgment is in England recognized only as constituting a cause of
See also:action which may be sued upon in England . If given by a court of competent jurisdiction it is treated as creating a legal
See also:obligation to pay the sum adjudged to be due .
See also:Summary judgment may be entered in an
See also:English action based on a foreign judgment unless the
See also:defendant can show that the foreign court had not jurisdiction over the parties or the subject
See also:matter of the action, or that there was
See also:fraud on the
See also:part of the foreign court or the successful party, or that the foreign proceedings were contrary to natural justice, e.g. concluded without due
See also:notice to the parties affected . English courts will not enforce foreign judgments as to foreign criminal or penal or revenue
See also:laws .
THE BOOK OF JUDGES
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