Judgment (law)

In the legal world, a judgment is a formal decision made by a court. It defines the rights and liabilities of the parties involved in a legal proceeding. This means the judgment decides who is responsible for what and what they must do. Most judgments also include an explanation from the court. This explanation shows why the judge chose a specific order. While the term is used globally, different English-speaking regions use it in different ways. In the United States, people distinguish between the judgment and the judicial opinion. The opinion explains the reasons, while the judgment is the actual pronouncement of the outcome. In Canada, the phrase "reasons for judgment" is often used to describe the court's justification.

Judgments are delivered by judges in a court of law. It is important to distinguish these from decisions made by other groups. For example, administrative bodies or quasi-judicial bodies may make decisions that people call judgments. However, these are not true legal judgments. Similarly, an arbitral award is made by an arbitral tribunal rather than a judge. A judgment can take two main forms: oral or written. Oral judgments are spoken aloud at the end of a hearing. This is common in courts with very heavy caseloads or when a quick decision is needed. Written judgments are used for complex or significant matters. These allow for deep explanation and can take weeks or even months to release.

There are several specific types of judgments used depending on the situation. A consent judgment, or "agreed judgment," occurs when the parties reach a settlement and a judge authorizes it. These are frequent in environmental or antitrust cases. A declaratory judgment is a different tool. It determines the rights of the parties without requiring them to take any specific action. It is often called a "milder" form of an injunction because it simply clarifies duties. A default judgment happens when one party fails to act, such as by not appearing in court. In this case, the court grants the relief requested by the appearing party without extensive analysis. An interlocutory judgment is an interim or temporary decision on an issue that needs timely action.

Courts also use other specialized methods to reach conclusions. A summary judgment is an accelerated process that does not require a full trial. The court reaches this decision by looking at the pleadings and additional evidence to see if there is a genuine issue of fact. A reserved judgment is a decision that is not given immediately after a trial. In the United States, these are sometimes noted with the Latin phrase "Curia advisari vult," or "c.a.v." This means the court wishes to be advised. If an appellate court finds that a lower court failed to follow the law, it may issue a vacated judgment. This sets aside the original decision and orders a new trial, also known as a trial de novo.

When a case is decided by a group of judges, their views may differ. If more than half of the judges agree, they produce a majority opinion. This opinion is the most important because it sets a precedent for future cases. A concurring opinion is written by a judge who agrees with the final result but disagrees with the reasoning. If the judges cannot reach a majority, they may issue plurality opinions. This happens when different judges provide different reasons for the same outcome. Finally, a dissenting opinion is written by a judge who rejects the majority's conclusion. These various opinions allow the complex reasoning of the law to be documented.

Winning a judgment does not always mean the winner receives their prize immediately. A judgment may state that a person must pay money or return property. However, the court typically does not collect this for the winner. The person who won is called the judgment creditor, and the person who owes is the judgment debtor. In North America, the creditor must start an enforcement process to collect what is owed. They might register the judgment in a property registry or use a writ of execution. In some places, like California, they can even seek to suspend a debtor's professional or driver's license.

Enforcement methods vary depending on the legal system in use. In common law systems, enforcement is often handled by local administrative divisions like states or provinces. In civil law systems, it is regulated through a national Code of Civil Procedure. In Germany, for example, a bailiff is responsible for enforcing the judgment. In other jurisdictions, a creditor might use garnishment or the seizure and sale of a debtor's property. The creditor may also need to investigate if the debtor actually has the means to pay. This process ensures that the court's decision moves from a piece of paper to a real-world result.