JUDGMENT

judgment. 1. A court's final determination of the rights and obligations of the arties in a
case. ! The term judgment includes an e"uitable decree and an# order from $hich an
aeal lies. %ed. &. 'i(. ). *+. , Abbr. J. , Also selled -es. in .rE/ judgement. ,
Also termed -historicall#/ judgment e0 cathedra. 'f. &U12NG-1/3 4)2N24N-1/. 5'ases6
%ederal 'i(il )rocedure 7891:7;7<3 Judgment 1. '.J.=. Judgments >> 7:8? ;? <? 18.@
[Link] la$. An oinion deli(ered b# a member of the aellate committee of the
Aouse of 1ords3 a 1a$ 1ord's judicial oinion. , Also termed -in sense 7/ seech.
BAn action is instituted for the enforcement of a right or the redress of an injur#. Aence a
judgment? as the culmination of the action declares the e0istence of the right? recogniCes
the commission of the injur#? or negati(es the allegation of one or the other. .ut as no
right can e0ist $ithout a correlati(e dut#? nor an# in(asion of it $ithout a corresonding
obligation to maDe amends? the judgment necessaril# affirms? or else denies? that such a
dut# or such a liabilit# rests uon the erson against $hom the aid of the la$ is in(oDed.E
1 Aenr# 'ambell .lacD? A Treatise on the 1a$ of Judgments> 1? at 7 -7d ed. 19F7/.
cognovit judgment -DogGnohG(it/. A debtor's confession of judgment3 judgment entered
in accordance $ith a cogno(it. =ee '4N%E==24N 4% JUDGMENT3 '4GN4H2T.
5'ases6 %ederal 'i(il )rocedure 789;3 Judgment *+. '.J.=. Judgments >> 1+F? 1+8:1++?
1IF.@
'4N%E==24N 4% JUDGMENT
'4GN4H2T
declarator# judgment. A binding adjudication that establishes the rights and other legal
relations of the arties $ithout ro(iding for or ordering enforcement. ! Declarator#
judgments are often sought? for e0amle? b# insurance comanies in determining $hether
a olic# co(ers a gi(en insured or eril. , Also termed declarator# decree3 declaration.
5'ases6 Declarator# Judgment 1. '.J.=. Declarator# Judgments > 1.@
deficienc# judgment. A judgment against a debtor for the unpaid balance of the debt
if a foreclosure sale or a sale of repossessed personal property fails to yield the full
amount of the debt due. , Also termed deficienc# decree. 5'ases6 Mortgages 8I*? **93
=ecured Transactions 7+F. '.J.=. Mortgages >> ;I+:;I;? 9883 =ecured Transactions >>
1;+:1;;? 1;<:1;9? 1I7? 1I+:1I*? 1<F:1<8.@
final judgment. A court's last action that settles the rights of the arties and disoses of all
issues in contro(ers#? e0cet for the a$ard of costs -and? sometimes? attorne#'s fees/ and
enforcement of the judgment. , Also termed final aealable judgment3 final decision3
final decree3 definiti(e judgment3 determinati(e judgment3 final aealable order. =ee
%2NA1GJUDGMENT &U1E. 5'ases6 Aeal and Error I;-1/3 %ederal 'i(il )rocedure
7*I9. '.J.=. Aeal and Error >> <7:<8.@
in ersonam judgment. =ee ersonal judgment.
judgment in rem (in rem). A judgment that determines the status or condition of
roert# and that oerates directl# on the roert# itself. ! The hrase denotes a judgment
that affects not onl# interests in a thing but also all ersons' interest in the thing. , Also
termed in rem judgment. 5'ases6 Judgment <F8. '.J.=. Judgments > 1F*+.@
judgment nunc ro tunc. A judgment entered on a da# after the time $hen it should ha(e
been entered? as of the earlier date. , Also termed decree nunc ro tunc. =ee NUN'
)&4 TUN'.
judgment of dismissal. A final determination of a case -against the laintiff in a ci(il
action or the go(ernment in a criminal action/ $ithout a trial on its merits. =ee
D2=M2==A1. 5'ases6 %ederal 'i(il )rocedure 1<8I3 )retrial )rocedure ;9+. '.J.=.
Dismissal and Nonsuit >> +<? <F.@
judgment on the leadings. A judgment based solel# on the allegations and information
contained in the leadings? and not on an# outside matters. %ed. &. 'i(. ). 17-c/. 'f.
=UMMA&J JUDGMENT. 5'ases6 %ederal 'i(il )rocedure 1F+1:1F;<3 )leading 8+7.
'.J.=. )leading > *9+.@
nunc ro tunc judgment -nKKsch$aLLngD roh tKKsch$aLLngD/. A rocedural de(ice b#
$hich the record of a judgment is amended to accord $ith $hat the judge actuall# said
and did? so that the record $ill be accurate. ! This de(ice is often used to correct defects
in realGestate titles. 5'ases6 %ederal 'i(il )rocedure 7;7*3 Judgment 7I8? 87;. '.J.=.
Judgments >> 178:17*? 799.@
ersonal judgment. 1. A judgment that imoses ersonal liabilit# on a defendant and that
ma# therefore be satisfied out of an# of the defendant's roert# $ithin judicial reach. 7.
A judgment resulting from an action in $hich a court has ersonal jurisdiction o(er the
arties. 8. A judgment against a erson as distinguished from a judgment against a thing?
right? or status. , Also termed judgment in ersonam -in KKsch$aLLrGsohG
nKKsch$aLLm/3 in ersonam judgment3 judgment inter artes -inGtKKsch$aLLr ahrG
teeC/.
summar# judgment. =ee =UMMA&J JUDGMENT.
(alid judgment. 1. A judgment that $ill be recogniCed b# commonGla$ states as long as it
is in force in the state $here the judgment $as rendered. 7. A judicial act rendered b# a
court ha(ing jurisdiction o(er the arties and o(er the subject matter in a roceeding in
$hich the arties ha(e had a reasonable oortunit# to be heard.
(oidable judgment. A judgment that? although seemingl# (alid? is defecti(e in some
material $a#3 es.? a judgment that? although rendered b# a court ha(ing jurisdiction? is
irregular or erroneous. 5'ases6 Judgment 7I? 8*8? *F1. '.J.=. Judgments >> 8F<? *7;?
*+;? *+9.@
(oid judgment. A judgment that has no legal force or effect? the in(alidit# of $hich ma#
be asserted b# an# art# $hose rights are affected at an# time and an# lace? $hether
directl# or collaterall#. ! %rom its incetion? a (oid judgment continues to be absolutel#
null. 2t is incaable of being confirmed? ratified? or enforced in an# manner or to an#
degree. 4ne source of a (oid judgment is the lacD of subjectGmatter jurisdiction. 5'ases6
%ederal 'i(il )rocedure 78973 Judgment *:7I? 8+;? +<;. '.J.=. Judgments >> +:*? 18:
7<? 8F? +8:+;? +<? I8? I*? <7? 7F1? 7F8:7F*? 7FI? 8FI? +F8? +99? *17? *+;? *+<:*+9.@