Online Encyclopedia

JUDGMENT

Online Encyclopedia
Originally appearing in Volume V15, Page 541 of the 1911 Encyclopedia Britannica.
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JUDGMENT  , in

law, a
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term used to describe (I) the adjudication by a court of justice upon a controversy submitted to it inter partes (
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post litem contestatam) and determining the rights of the parties and the
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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 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 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 " order." These disputes arise upon the wording of statutes or rules of court and with reference to the appropriate times or modes of
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appeal or of execution . The judgments of one country are not as a
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rule directly enforceable in another country . In
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Europe, by treaty or arrangement,
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foreign judgments are in certain cases and on compliance with certain formalities made executory in various states . A similar provision is made as between England, Scotland and 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 king's dominions and foreign states, a " foreign " judgment is in England recognized only as constituting a cause of
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action which may be sued upon in England . If given by a court of competent jurisdiction it is treated as creating a legal
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obligation to pay the sum adjudged to be due .
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Summary judgment may be entered in an
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English action based on a foreign judgment unless the
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defendant can show that the foreign court had not jurisdiction over the parties or the subject
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matter of the action, or that there was fraud on the
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part of the foreign court or the successful party, or that the foreign proceedings were contrary to natural justice, e.g. concluded without due
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notice to the parties affected . English courts will not enforce foreign judgments as to foreign criminal or penal or revenue
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laws .

End of Article: JUDGMENT
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JUDGMENT DEBTOR

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