Law Terms And Their Meanings Pdf

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Judgment (law)

In law , a judgment , also spelled judgement , is a decision of a court regarding the rights and liabilities of parties in a legal action or proceeding. The phrase "reasons for judgment" is often used interchangeably with "judgment," although the former refers to the court's justification of its judgment while the latter refers to the final court order regarding the rights and liabilities of the parties.

Judgment is considered a "free variation" word, and the use of either judgment or judgement with an e is considered acceptable. British, Australian, New Zealand's, American, and Canadian English generally use judgment when referring to a court's formal ruling.

For instance, the English translation of France's Code of Civil Procedure uses "judgement" throughout. Decisions of a quasi-judicial body and administrative bodies may be colloquially referred to as "judgments.

A judgment may be provided either in written or oral form depending on the circumstances. Oral judgments are often provided at the conclusion of a hearing and are frequently used by courts with heavier caseloads [10] or where a judgment must be rendered quickly. Types of judgments can be distinguished on a number of grounds, including the procedures the parties must follow to obtain the judgment, the issues the court will consider before rendering the judgment, and the effect of the judgment.

Judgments that vary from a standard judgment on the merits of a case include the following:. If more than one judge is deciding a case , the judgment may be delivered unanimously or it may be divided into a number of majority, concurring, plurality, and dissenting opinions. Only the opinion of the majority judgment is considered to have precedent -setting weight. Some examples of opinions within judgments include:. When a court renders a judgment, it may state that the successful party has a right to recover money or property.

However, the court will not collect the money or property on behalf of the successful party without further action. In common law legal systems, judgment enforcement is regulated by administrative divisions such as a province , territory , or federated state , while in civil law legal systems judgment enforcement is regulated through the national Code of Civil Procedure. Judgment enforcement, on a conceptual level, is conducted in a similar way across different legal systems.

Specific references to the judgment enforcement rules of Germany , Canada Saskatchewan , and the United States California are made in this section.

The successful party may receive immediate payment from the unsuccessful party on the basis of the judgment and not require further action. A successful party who does not receive immediate payment must initiate a judgment enforcement process in order to collect the money or property that they are entitled to under the judgment.

Judgment creditors can register their judgments through the property registry system in their jurisdictions, [31] levy the property in question through a writ of execution, [32] or seek a court order for enforcement [29] depending on the options available in their jurisdiction. Judgment creditors may also need to investigate whether judgment debtors are capable of paying.

Some steps are available in different jurisdictions to investigate or interview judgment creditors, and investigations may be conducted either by the judgment creditor or by a sheriff or bailiff. Different enforcement mechanisms exist, including seizure and sale of the judgment debtor's property or garnishment. In Germany, the judgment creditor is entitled to enforce the judgment 30 years past the judgment date. Depending on the jurisdiction, the judgment debtor may be able to obtain a " satisfaction and release of judgment " document from the judgment creditor.

This document affirms that the judgment debtor has fulfilled any obligations relating to the judgment. For example, in California , a judgment creditor must file an "Acknowledgment of Satisfaction of Judgment" [40] where it has been paid in full by the judgment debtor within 15 days of the judgment debtor's request. The requirements for judgments share many similarities and some differences between countries and legal systems.

For instance, while the civil law imposes a statutory requirement to provide reasons for judgment, the common law recognizes a contextual duty to provide reasons depending on certain circumstances. The following section provides some information regarding judgments in different jurisdictions as well as examples of their treatment of other types of judgments, where available. Canada excluding Quebec. The Supreme Court of Canada has recognized a common law duty to provide "adequate" reasons for judgment and has stated that "the giving of reasoned judgments is central to the legitimacy of judicial institutions in the eyes of the public.

With the above guiding principles in mind, Canadian courts must "read [the reasons] as a whole, in the context of the evidence, the arguments and the trial, with an appreciation of the purposes or functions for which they are delivered Provincial rules of civil procedure provide further guidance relating to specific types of judgments. For example:. Hong Kong. The Court considered that the 'extraordinary' and 'inordinate' delay of 30 months which the trial judge Madam Recorder Gladys Li SC took in handing down her reserved judgment was 'wholly excessive' and 'extremely regrettable', and recognised that 'it may lead to a denial of justice as a Judge's memory of the evidence, the witnesses, the submissions and the trial itself may fade with time', but nonetheless upheld her decision as it was 'objectively sound'.

The Court of Appeal held that 'notwithstanding the regrettable delay in giving judgment, we come to the firm and clear view that the Judge gave cogent and adequate reasons for his findings and there is no error of law or facts in his findings', and dismissed the appeal. Delays have occurred in a number of judicial review cases. The Court of Appeal has on occasion delivered its reasons for judgment a significant period of time after the hearing.

Similar delays have also been encountered in cases in the District Court. In Welltus v Fornton Knitting , after a trial which lasted 12 days, the trial judge Deputy High Court Judge Ian Carlson took over 10 months to hand down his reserved judgment. The Court of Appeal held that the trial judge failed to give adequate reasons for his decision and stated that 'the failure to deal with [one of the critical issues was] probably attributable to the delay in the preparation of the judgment'.

The Court of Appeal therefore set aside the decision and ordered a re-trial before another judge of the Court of First Instance.

The Court of Appeal stated that the 'sheer length of the judge's Reasons for Verdict brings with it considerable difficulties for the appeal courts and any other newcomer to the case in trying to unravel the relevant evidence and identify the real issues at trial. An unduly lengthy set of Reasons also creates problems for the judge himself in focussing on the essential issues at trial so as to explain, clearly, concisely and expediently, why he came to the decision he did'.

The Court of Final Appeal endorsed the remarks made by the Court of Appeal , and stated that 'Whilst a judge should keep a record of the evidence and submissions, it is not the function of a judgment to be that record. Instead, the primary purpose of a judgment is: to identify the ultimate issues in the case; to set out, qualitatively by reference to the evidence that is accepted or rejected, the primary facts which the judge finds; to relate those findings to the factual issues in the case; to show how any inference has been drawn; to make the necessary findings of fact; to identify and apply the appropriate legal principles; and, ultimately, to make the appropriate dispositive orders'.

After the appellant contacted the Judge's clerk, later the same day the Judge retracted the 'incorrect version' and delivered the 'correct version' of the written reasons for judgment.

The correction was made before the court order and record had been perfected. The Court of Final Appeal stated that 'It must be reiterated and strongly emphasised that judges at all levels of court have a duty to deliver judgments within a reasonable time after the conclusion of the hearing.

Where an oral decision has been given of the result, with reasons to follow later, it is incumbent upon the judge to deliver the reasons within a reasonable time. This is important not only for the parties, but it is essential to the maintenance of public confidence in the administration of justice. In the present case, the delay of seven-and-a-half months was unjustified'. The Court of Final Appeal further stated that 'In handing down the 1st written judgment purporting to set out his reasons for "dismissing" the appeal on 15 May , the Judge must have forgotten about his earlier oral decision allowing the appeal and omitted to check the file.

The delay in preparing his reasons must have contributed to this oversight'. New Zealand. As of , the Supreme Court 'will endeavour to deliver judgment in an appeal within six months from the last day of the hearing'. At the State level various State and Territory Courts allow for parties to obtain different types of judgments; including:.

However, a Court may set aside a default judgment if the defendant can prove a number of key issues. They include:. United Kingdom. The Court of Appeal of England and Wales Civil Division has affirmed a common law duty to give reasons for a judgment, subject to some exceptions such as an oral judgment or a summary judgment. Furthermore, providing reasons for judgment serves a practical purpose insofar as it necessarily requires the court to engage in thoughtful consideration of the cases presented.

Otherwise, there is a real risk of a complete or partial rehearing being ordered, which would bring the administration of law into disrepute. Further, The Civil Procedure Rules [78] state that a judgment or order takes effect on the day it is rendered unless the court specifies otherwise [79] and provide additional guidance on different types of judgments.

United States. At the federal level, a judgment is defined in the United States Federal Rules of Civil Procedure as "a decree and any order from which an appeal lies" and does not include "recitals of pleadings, a master's report, or a record of prior proceedings. A judgment must address all of the issues raised with respect to the rights and liabilities of the parties.

If a judgment is rendered without addressing all the rights and liabilities, the action is not ended and the claims of the parties may be revised before the entry of a judgment that determines all of the issues raised.

A state code of civil procedure provides its own rules relating to judgments in state courts. For instance, California's Code of Civil Procedure provides some general rules regarding the purpose of and requirements for judgments [94] as well as rules relating to summary judgments, [95] default judgments, [96] and interim or interlocutory judgments.

A judgment "is given on behalf of the French people" [98] and must contain certain information, including the date, the names of the judges, the level of court, and the names of the parties involved. Traditional French judgments often consisted of a single sentence wherein the court provided its judgment.

Such judgments may also be divided to deal with each element of the claim separately. A court may either provide their judgment at the end of the hearing or defer the judgment to a specified date. A court's duties regarding judgments are outlined in the Zivilprozessordnung. The details of the circumstances and facts as well as the status of the dispute thus far are to be included by reference being made to the written pleadings, the records of the hearings, and other documents An appellate court judgment must include the findings of fact in the contested judgment, including any changes or amendments, and the reasons for the court's determination of the appeal.

Judgments in most German courts are rendered "in the name of the people". Saudi Arabia. A court's duties regarding judgments are outlined in The Law of the Judiciary. If the judgment contains a dissent, the majority decision in the judgment must address the dissenting opinion, and any dissenting judges must explain why they are dissenting. Once a judgment has been issued, the judge or judges determine whether the parties involved agree with the ruling.

If one party disagrees with the judgment, that party has a set number of days to request a written appeal. An appellate body will then review the judgment in the absence of the parties. From Wikipedia, the free encyclopedia. Formal decision made by a court. See also: American and British English spelling differences. See also: Ratio decidendi and Obiter dictum. See also: Lists of landmark court decisions. Accessed March 28, Bell, Regulation by Consent Decree , 27 Antitrust 73 at 73 — Merrill Lynch Canada Inc.

E-9 22, Reg 1, s 11 1 Can. E-9 22, Reg 1, s 11 2 Can. Sheppard , S. Stonegate Legal.

GLOSSARY OF MATHEMATICAL TERMS AND DEFINITIONS

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Latin terminology, expressions and phrases feature widely in the English language. The modern meanings and usage, while evolved and adapted, mostly still generally reflect the original literal translations. Latin is a regarded as a 'dead' language because it is not used as a main language in day-to-day communications and life. Latin however remains very much alive as a highly significant language, especially in technical references. Here are just a few examples of Latin terms which are used very widely in English, including some extremely common abbreviations:.

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Latin Terms and Phrases Glossary

This is not a comprehensive dictionary of mathematical terms, just a quick reference for some of the terms commonly used in this website. Bayesian probability: a popular interpretation of probability which evaluates the probability of a hypothesis by specifying some prior probability, and then updating in the light of new relevant data. Boolean algebra or logic: a type of algebra which can be applied to the solution of logical problems and mathematical functions, in which the variables are logical rather than numerical, and in which the only operators are AND, OR and NOT.

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In law , a judgment , also spelled judgement , is a decision of a court regarding the rights and liabilities of parties in a legal action or proceeding. The phrase "reasons for judgment" is often used interchangeably with "judgment," although the former refers to the court's justification of its judgment while the latter refers to the final court order regarding the rights and liabilities of the parties. Judgment is considered a "free variation" word, and the use of either judgment or judgement with an e is considered acceptable. British, Australian, New Zealand's, American, and Canadian English generally use judgment when referring to a court's formal ruling. For instance, the English translation of France's Code of Civil Procedure uses "judgement" throughout. Decisions of a quasi-judicial body and administrative bodies may be colloquially referred to as "judgments. A judgment may be provided either in written or oral form depending on the circumstances.

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