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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 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 See also: 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 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
.
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