In law, a judgment is a decision of a court regarding the rights and liabilities of parties in a legal action or proceeding.Black’s Law Dictionary 970 (10th ed. 2014). Judgments also generally provide the court's explanation of why it has chosen to make a particular court order.Black’s Law Dictionary 970 (10th ed. 2014).
Speakers of British English tend to use the term at the appellate level as synonymous with judicial opinion. American English speakers prefer to maintain a clear distinction between the opinion of an appellate court (setting forth reasons for the disposition of an appeal) and the judgment of an appellate court (the pronouncement of the disposition itself).
In Canadian English, 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.The Courts of British Columbia: Supreme Court, About Judgments (Last accessed March 28, 2015)
Spelling
Judgment is considered a "free variation" word, and the use of either judgment or judgement (with an e) is considered acceptable.Sylvia Chalker & Edmund Weiner, Oxford Dictionary of English Grammar (Oxford U.P. 1994), 160. This variation arises depending on the country and the use of the word in a legal or non-legal context. British, Australian, New Zealand, American, and Canadian English generally use judgment when referring to a court's formal ruling.New Zealand Oxford Dictionary, "Judgment". Accessed March 28, 2015.Australian Oxford Dictionary, "Judgment". Accessed March 28, 2015. Judgement is commonly used in the United Kingdom when referring to a non-legal decision.New Oxford American English Dictionary, "Judgment", see specifically, "Usage". Accessed March 28, 2015. Translations from non-English texts demonstrate varied spelling of the word. For instance, the English translation of France's Code of Civil Procedure uses "judgement" throughout.Code de procédure civile [N.C.P.C.] (French), at Legifrance.gouv.fr (select "Code of civil procedure" for English translation).
Who renders a judgment
The legal definition of "judgment" contemplates decisions made by judges in a court of law. Decisions of quasi-judicial bodies and administrative bodies may also be colloquially referred to as "judgments," but they must be distinguished from true judgments in that they are not made by judges in courts of law. Judgments must also be distinguished from arbitral awards, which are made by arbitral tribunals.
Form of judgments
A judgment may be provided either in written or oral form depending on the circumstances.Roman N Komar, Reasons for Judgment: A Handbook for Judges and Other Judicial Officers 8 (Butterworth & Co. Ltd. 1980).
Oral judgments are often provided at the conclusion of a hearing and are frequently used by courts with heavier caseloadsRoman N Komar, Reasons for Judgment: A Handbook for Judges and Other Judicial Officers 14 (Butterworth & Co. Ltd. 1980). or where a judgment must be rendered quickly.Roman N Komar, Reasons for Judgment: A Handbook for Judges and Other Judicial Officers 15 (Butterworth & Co. Ltd. 1980).
Written reasons for judgment are often provided in circumstances where a complex decision must be made, where the matter is likely to be appealed, or where the decision is considered to be of some significant importance to members of the legal community and/or the public at large.Roman N Komar, Reasons for Judgment: A Handbook for Judges and Other Judicial Officers 9–10 (Butterworth & Co. Ltd. 1980). Written reasons for judgment are not generally provided immediately following the hearing and may take days, weeks, or even months to be released.
Types of judgments 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:
Consent judgment: also referred to as an "agreed judgment", a consent judgment is a settlement agreed upon by the parties and authorized by a judge. Consent judgments are often used in the regulatory context, particularly in antitrust and environmental cases.Robert B. Bell, Regulation by Consent Decree, 27 Antitrust 73 at 73 (2011–2012). Declaratory judgment: a judgment that determines the rights and liabilities of the parties without enforcing a judgment or otherwise requiring the parties to do anything.Black’s Law Dictionary 971 (10th ed. 2014). A declaratory judgment may be useful where the parties have differing views about their rights and duties or are wishing to clarify them without seeking any other remedy. It has been suggested, at least in the United States, that a declaratory judgment is a "milder" form of an injunction order because it clarifies the parties' rights without actually directing the parties to do anything.Samuel L Bray, The Myth of the Mild Declaratory Judgment, 63 Duke L.J. 1091 at 1093 (2014). Though a declaratory judgment is not binding, it is expected that the parties will act in accordance with what the court determines in its judgment. Default judgment: a judgment rendered in favour of one party based on the other party's failure to take action.Black’s Law Dictionary 507 (10th ed. 2014). Default judgments are commonly used where the defendant fails to appear before the court or submit a defence after being summoned. A default judgment grants the relief requested by the appearing party and does not require extensive factual or legal analysis from the court. Interlocutory judgment: an intermediate or interim judgment providing a temporary decision on an issue that requires timely action. Interlocutory orders are not final and may either not be subject to appeal or may follow a different appeal procedure than other kinds of judgments.Capital Gains Income Streams Corporation v. Merrill Lynch Canada Inc., OJ No 2606 at para 32 (Can.). Reserved judgment or reserved decision: a judgment that is not given immediately after the conclusion of the hearing or trial. A reserved judgment may be released days, weeks, or even months after the hearing. In the United States, a reserved judgment is sometimes annotated in law reports by the Latin phrase "Cur. adv. vult." or "c.a.v." (Curia advisari vult, "the court wishes to be advised").Black’s Law Dictionary 465 (10th ed. 2014). Summary judgment: an accelerated judgment that does not require a trial and in which the court's interpretation of the pleadings forms the basis of the judgment.Black’s Law Dictionary 1664 (10th ed. 2014). For a summary judgment, the court will consider "the contents of the pleadings, the motions, and additional evidence adduced by the parties to determine whether there is a genuine issue of material fact rather than one of law." Vacated judgment: a judgment of an appellate court whereby the judgment under review is set aside and a new trial is ordered.Black’s Law Dictionary 1782 (10th ed. 2014). A vacated judgment is rendered where the original judgment failed to make an order in accordance with the law and a new trial is ordered to ensure a just outcome. The process of vacating a judgment is sometimes referred to as vacatur. The result of a vacated judgment is a trial de novo.
Opinions within judgments
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:
Majority opinion: the opinion of more than half of the judges deciding a case.Black’s Law Dictionary 1266 (10th ed. 2014). This opinion becomes precedent for future cases as it represents the views of the majority of the court. Concurring opinion: the opinion of a single judge or judges that agrees with the final outcome of the majority opinion but disagrees in whole or in part with the reasoning.Black’s Law Dictionary 352 (10th ed. 2014). Plurality opinion: the opinions of different judges of the court when a majority judgment is not obtained.James F. Spriggs II & David R. Stras, Explaining Plurality Decisions, 99 The Georgetown L.J. 515 at 517 (2011). An example of a plurality opinion is a court of three judges each rendering a different concurring decision, agreeing on a final outcome but disagreeing on the reasons justifying that final outcome. Dissenting opinion: the opinion of a single judge or judges that rejects the conclusions of the majority decision in whole or in part, and explains the reasons for rejecting the majority decision.Black’s Law Dictionary 1265 (10th ed. 2014).
Enforcement of judgments
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. Once this process is initiated, the successful party may be referred to as the judgment creditor while the unsuccessful party will be referred to as the judgment debtor in North America.
Judgment creditors can register their judgments through the property registry system in their jurisdictions, levy the property in question through a writ of execution, or seek a court order for enforcement depending on the options available in their jurisdiction.
Judgment creditors may also need to investigate whether judgment debtors are capable of paying.Courts of Saskatchewan, Enforcing Orders (Last accessed March 28, 2015), http://www.sasklawcourts.ca/index.php/home/court-of-queen-s-bench/enforcement-of-orders (See specifically "Step 5 (Optional) – Question the Judgment Debtor"). Understanding whether a judgment debtor is capable of fulfilling the judgment order may affect the enforcement mechanism used to recover the money or property. 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.Courts of Saskatchewan, Enforcing Orders (Last accessed March 28, 2015), http://www.sasklawcourts.ca/index.php/home/court-of-queen-s-bench/enforcement-of-orders (See specifically "Step 4 (Optional) – Give The Sheriff an Enforcement Instruction").