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judgment

  (jŭj'mənt) pronunciation
also judge·ment n.
  1. The act or process of judging; the formation of an opinion after consideration or deliberation.
    1. The mental ability to perceive and distinguish relationships; discernment: Fatigue may affect a pilot's judgment of distances.
    2. The capacity to form an opinion by distinguishing and evaluating: His judgment of fine music is impeccable.
    3. The capacity to assess situations or circumstances and draw sound conclusions; good sense: She showed good judgment in saving her money. See synonyms at reason.
  2. An opinion or estimate formed after consideration or deliberation, especially a formal or authoritative decision: awaited the judgment of the umpire.
  3. Law.
    1. A determination of a court of law; a judicial decision.
    2. A court act creating or affirming an obligation, such as a debt.
    3. A writ in witness of such an act.
  4. An assertion of something believed.
  5. A misfortune believed to be sent by God as punishment for sin.
  6. Judgment The Last Judgment.

[Middle English jugement, from Old French, from jugier, to judge, from Latin iūdicāre. See judge.]


 
 

A court order to pay a party a certain amount of money.

Investopedia Says:
For example, a court may order a person convicted of insider trading to pay a judgment equal to all profits made from the illegal trades.

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The better you understand why insider trading can be criminal, the better you'll understand how the market works. Defining Illegal Insider Trading
Learn how to protect your money from lawsuits, creditors and other judgment proceedings. Build A Wall Around Your Assets
From godfathers to perps, familiarize yourself with the "criminal elements" creeping around Wall Street. Handcuffs And Smoking Guns: The Criminal Elements Of Wall Street
Find out how this regulatory body protects the rights of investors. Policing The Securities Market: An Overview Of The SEC


 

Decision by a court of law ordering someone to pay a certain amount of money. For instance, a court may order someone who illegally profited by trading on Inside Information to pay a judgment amounting to all the profits from the trade, plus damages. The term also refers to condemnation awards by government entities in payment for private property taken for public use.

 

A decree of a court stating that one individual is indebted to another and fixing the amount of the indebtedness.
Example: As a result of Abel's failure to pay disputed rent, the landlord obtained a court decision, or judgment, against Abel.

 
Thesaurus: judgment
also judgement

noun

  1. A position arrived at by reasoning from premises or general principles: conclusion, deduction, illation, illative, inference. See reason/unreason.
  2. The ability to make sensible decisions: common sense, sense, wisdom. Informal gumption, horse sense. See ability/inability.
  3. The act or result of judging the worth or value of something or someone: appraisal, appraisement, assessment, estimate, estimation, evaluation, valuation. See value/worthlessness/evaluation.
  4. An authoritative or official decision, especially one made by a court: decree, determination, edict, pronouncement, ruling. See law.
  5. A judicial decision, especially one setting the punishment to be inflicted on a convicted person: sentence. Slang rap1. See law.

 
Antonyms: judgment

n

Definition: common sense
Antonyms: ignorance, inanity, misjudgment, stupidity

n

Definition: decision about blame
Antonyms: indecision


 

n

1. a legal finding. n 2. the ability to discriminate between or among two or more states or conditions.

 

In law, a formal decision or determination on a matter or case by a court. Judgments are classified as in personam, in rem, and quasi in rem. A judgment in personam determines the rights and liabilities of a particular person. A judgment in rem affects the status of a particular thing (e.g., an item of property). The designation quasi in rem describes a judgment in which a person's property is subject to court control to satisfy a claim against the person. The court has at its disposal the power to punish for contempt any party that does not adhere to its orders. See also appeal; declaratory judgment; demurrer.

For more information on judgment, visit Britannica.com.

 

At different times philosophers have expressed their concern with the nature of judgement in different terms: the investigation may be called the theory of content, of belief, of propositions, of representation, of sense, etc. depending on which aspect of the matter is taken to predominate. The central problem is that of understanding the capacity of the mind to form, entertain, and affirm judgements, which are not simply strings of words but items intrinsically representing some state of affairs, or way that the world is or may be. The affirmation of a judgement is thus the making of a true or false claim. This capacity has been approached by thinking of the mind as stocked with ideas, or as capable of apprehending universals, or as stocked with inner representations, or by seeing the capacity as essentially linguistic in nature, or as arising from problem-solving behaviour that we share with animals (see animal thought), but no extensive consensus on the matter exists.

 
decision of a court of law respecting the issues before it. The term ordinarily is not applied to the decree (order) of courts of equity. The outstanding characteristic of a legal judgment, in contrast to an equitable decree, is its finality and fixity; thus, except for error justifying an appeal, the judgment may not be reconsidered (see jeopardy). The judgment, which in most cases of consequence follows the verdict of a jury, is the determination of the judge that the defendant is guilty or innocent of the alleged offense. If the judgment is one of criminal guilt, the court proceeds to impose sentence. In civil cases, when judgment is for the plaintiff, the court usually awards a sum as damages. The damages thereupon constitute a debt that takes priority over all other obligations of the defendant except taxes and previous judgments. If the debtor fails to pay, the sheriff, to execute the judgment, will seize and sell first his personal property and then his realty. The sheriff may also garnish monies owed to the defendant, e.g., his wages (see garnishment). Certain property of the debtor is exempt from seizure, including clothing, equipment needed to carry on his trade or profession, and the family homestead. In some jurisdictions a defendant who willfully refuses to pay a judgment may be punished for contempt of court. A judgment rendered by the courts of one state is entitled to recognition by the courts of all other states.


 
This entry contains information applicable to United States law only.

A decision by a court or other tribunal that resolves a controversy and determines the rights and obligations of the parties.

A judgment is the final part of a court case. It states who wins the case and what remedies the winner is awarded. Remedies may include money damages, injunctive relief, or both. A judgment also signifies the end of the court's jurisdiction in the case. The Federal Rules of Civil Procedure and most state rules of civil procedure allow appeals only from final judgments. Finally, a judgment gives the winner the ability to collect damages from the losing party, to place a judgment lien on the losing party's real property, to garnish (collect from an employer) the losing party's salary, or to attach the losing party's personal property. A judgment lien is a claim against the real estate of a party; the real estate cannot be sold until the judgment holder is paid. Attachment is the physical seizure of property owned by the losing party by a law officer, usually a sheriff, who gives the property to the person holding the judgment.

A valid judgment resolves all the contested issues and terminates the lawsuit, since it is regarded as the court's official pronouncement of the law on the action that was pending before it. It must be rendered for or against an actual litigant; individuals who are not named parties to a lawsuit cannot have their rights and liabilities adjudicated.

A judgment must be in writing and must clearly show that all the issues have been adjudicated. It must specifically indicate the parties for and against whom it is given. Monetary judgments must be definite, specified with certainty, and expressed in words rather than figures. Judgments affecting real property must contain an explicit description of the realty so that the land can easily be identified.

Once a court makes a judgment, it must be dated and docketed with the court administrator's office. Prior to modern computer databases, judgments were entered in a docket book, in alphabetic order, so that interested outsiders could have official notice of them. An index of judgments was prepared by the court administrator for record keeping and notification purposes. Most courts now record their judgments electronically and maintain computer docketing and index information. Though the means of storing the information are different, the basic process remains the same.

A court may amend its judgment to correct inaccuracies or ambiguities that might cause its actual intent to be misconstrued. Omissions, erroneous inclusions, and descriptions are correctable. However, persons who were not parties to the action cannot be brought into the lawsuit by an amended judgment. The Federal Rules of Civil Procedure allow a judgment to be amended by a motion served within ten days after the judgment is entered. State rules of civil procedure also permit amendment of a judgment.

Different types of judgments are made, based on the process the court uses to make the final decision. A judgment on the merits is a decision arrived at after the facts have been presented and the court has reached a final determination of which party is correct. For example, in a negligence lawsuit that is tried to a jury, the final decision will result in a judgment on the merits.

A judgment based solely on a procedural error is a dismissal without prejudice and generally will not be considered a judgment on the merits. A party whose case is dismissed without prejudice can bring the suit again as long as the procedural errors are corrected. A party that receives a judgment on the merits is barred from relitigating the same issue by the doctrine of res judicata. This doctrine establishes the principle that an issue that is judicially decided is decided once and for all.

A summary judgment may occur very early in the process of a lawsuit. Under rule 56 of the Federal Rules of Civil Procedure and analogous state rules, any party may make a motion for a summary judgment on a claim, counterclaim, or cross-claim when he or she believes that there is no genuine issue of material fact and that he or she is entitled to prevail as a matter of law. A motion for summary judgment can be directed toward the entire claim or defense or toward any portion of the claim or defense. A court determines whether to grant summary judgment.

A judgment notwithstanding the verdict is a judgment in favor of one party despite a verdict in favor of the opposing litigant. A court may enter a judgment notwithstanding the verdict, thereby overruling the jury verdict, if the court believes there was insufficient evidence to justify the jury's decision.

A consent judgment, or agreed judgment, is a final decision that is entered on agreement of the litigants; is examined and evaluated by the court; and, if sanctioned by the court, is ordered to be recorded as a binding judgment. Consent judgments are generally rendered in domestic relations cases after the husband and wife agree to a property and support settlement in a divorce.

A default judgment results from the named defendant's failure to appear in court or from one party's failure to take appropriate procedural steps. It is entered upon the failure of the party to appear or to plead at an appropriate time. Before a default judgment is entered, the defendant must be properly served notice of the pending action. The failure to appear or answer is considered an admission of the truth of the opposing party's pleading, which forms the basis for a default judgment.

A deficiency judgment involves a creditor and a debtor. Upon a debtor's failure to pay his or her obligations, a deficiency judgment is rendered in favor of the creditor for the difference between the amount of the indebtedness and the sum derived from a judicial sale of the debtor's property held in order to repay the debt.

Once a judgment is entered, the prevailing party may use it to collect damages. Under the Full Faith and Credit Clause of the Constitution, a judgment by a state court must be fully recognized and respected by every other state. For example, suppose the prevailing party in a California case knows that the defendant has assets in Arizona that could be used to pay the judgment. The prevailing party may docket the California judgment in the Arizona county court where the defendant's property is located. With the judgment now in effect in Arizona, the prevailing party may obtain a writ of execution that will authorize the sheriff in that Arizona county to seize the property to satisfy the judgment.

Once a judgment has been paid by the losing party in a lawsuit, that party is entitled to a formal discharge of the obligation, known as a satisfaction of judgment. This satisfaction is acknowledged or certified on the judgment docket.

 
Word Tutor: judgment
pronunciation

IN BRIEF: An opinion arrived at through examination and comparison.

pronunciation A famously wise old man in a village was once asked how he came by his wisdom. "I got it from my good judgment", he answered. And where did his good judgment come from? "I got it from my bad judgment". — Sydney J. Harris (1917-1986), American journalist and writer, from Albert W. Daw Collection.

 
Wikipedia: judgment


Civil Procedure in the U.S.
view /edit this template

A judgment (or judgement; `see spelling note below), in a legal context, is synonymous with the formal decision made by a court following a lawsuit. At the same time the court may also make a range of court orders, such as imposing a sentence upon a guilty defendant in a criminal matter, or providing a remedy for the plaintiff in a civil law matter.

Description

General use

For a contrast to the following, see: choice.

In non-legal contexts, a judgment is a balanced weighing up of evidence preparatory to making a decision. A formal process of evaluation applies. A judgment may be expressed as a statement, e.g. S1: 'A is B' and is usually the outcome of an evaluation of alternatives. The formal process of evaluation can sometimes be described as a set of conditions and criteria that must be satisfied in order for a judgment to be made. What follows is a suggestive list of some conditions that are commonly required:

  • there must be corroborating evidence for S1,
  • there must be no true contradicting statements,
  • if there are contradicting statements, these must be outweighed by the corroborating evidence for S1, or
  • contradicting statements must themselves have no corroborating evidence
  • S1 must also corroborate and be corroborated by the system of statements which are accepted as true.

One should be cautious in attributing, without a rigorous analysis, a rigid set of criteria to all forms of judgment. Often this results in unnecessary restrictions to judgment methodologies, excluding what may otherwise be considered legitimate judgments. For analogous difficulties in science and the scientific method see the Wikipedia entry on the scientific method.

From the criteria mentioned above, we could judge that "It is raining" if there are raindrops hitting the window, if people outside are using umbrellas, and if there are clouds in the sky. Someone who says that despite all this, it is not raining, but cannot provide evidence for this, would not undermine our judgment.

However, if they demonstrated that there was a sophisticated projection and audio system to produce the illusion of our evidence, then we would probably reconsider our judgment. However, we would not do this lightly, we would demand evidence of the existence of such a system. Then it would need to be decided again upon available new evidence whether or not it was raining.

Many forms of judgment, including the above example, require that they be supported by, and support, known facts which are themselves well supported, and its negation must be shown to be unfounded, before it is accepted as well founded.

Legal use

In the United States, under the rules of civil procedure governing practice in federal courts and most state courts, the entry of judgment is the final order entered by the court in the case, leaving no further action to be taken by the court with respect to the issues contested by the parties to the lawsuit. With certain exceptions, only a final judgment is subject to appeal.

Types of judgment in law

  • Consent judgment, a final, binding judgment in a case in which both parties agree, by stipulation, to a particular outcome
  • Declaratory judgment, a judgment of a court in a civil case which declares the rights, duties, or obligations of each party in a dispute
  • Default judgment, a binding judgment in favor of the plaintiff when the defendant has not responded to a summons
  • Summary judgment, a legal term which means that a court has made a determination without a full trial
  • Vacated judgment, the result of the judgment of an appellate court which overturns, reverses, or sets aside the judgment of a lower court
  • Value judgment, a judgment of the rightness or wrongness of something

Spelling

The spelling judgment is found in the Authorized Version of the Bible. However, the spelling judgement (with e added) largely replaced judgment in the United Kingdom in a non-legal context, possibly because writing dg without a following e for the /dʒ/ was seen as an incorrect spelling. In the context of the law and theology, however, judgment is preferred. In the U.S. judgment strongly prevails. As with many such spelling differences, both forms are equally acceptable in Canada and Australia, although judgment is more common in Canada and judgement in Australia.[1] In New Zealand the form judgment is the preferred spelling in dictionaries, newspapers and legislation, although the variant judgement can also be found in all three categories. In South Africa, judgement is the more common form. See further at American and British English spelling differences.

Notes

  1. ^ Pam Peters, The Cambridge Guide to English Usage, p. 303.

 
Translations: Translations for: Judgement

Dansk (Danish)
n. - dom, skøn, bedømmelse, vurdering, opfattelse, dømmekraft, vurderingsevne, straf, lovbud

idioms:

  • against one's better judgement    mod bedre vidende
  • error of judgement    fejlskøn, fejlbedømmelse, fejlvurdering
  • judgement call    personlig vurdering, subjektiv afgørelse
  • judgement of character    menneskekundskab, menneskekender
  • pass judgement    afsige dom
  • reserve judgement    dommen afsiges på et senere tidspunkt
  • sit in judgement    dømme, sidde til doms over, opkaste sig til dommer over

Nederlands (Dutch)
oordeel, beoordeling, inzicht, onderscheidings- vermogen, vonnis, uitspraak, (goddelijke) straf, kritiek tegen beter weten in

Français (French)
n. - (Jur, Relig) jugement, (fig) jugement, opinion, avis, discernement

idioms:

  • against one's better judgement    tout en sachant que l'on se trompe
  • error of judgement    erreur de jugement
  • judgement call    cas de conscience
  • judgement of character    (être) bon psychologue, (savoir) bien juger les gens
  • pass judgement    prononcer/rendre un jugement (sur)
  • reserve judgement    réserver son jugement
  • sit in judgement    juger, porter un jugement sur

Deutsch (German)
n. - Urteilsvermögen, Urteil

idioms:

  • against one's better judgement    entgegen jmds. besserer Einsicht
  • error of judgement    Fehleinschätzung, Fehlurteil
  • judgement call    subjektive Entscheidung, persönliche Einschätzung, Interpretation
  • judgement of character    Charakter Beurteilung
  • pass judgement    Urteil abgeben
  • reserve judgement    seine Meinung erst nach Erhalt zusätzl. Informationen mitteilen
  • sit in judgement    urteilen

Ελληνική (Greek)
n. - κρίση, γνώμη, δικαστική απόφαση, ορθοφροσύνη, λογική, δίκαιη τιμωρία, θεία δίκη

idioms:

  • against one's better judgement    παρά τις επιφυλάξεις μου
  • error of judgement    εσφαλμένη κρίση, λάθος εκτιμήσεως
  • judgement call    προσωπική εκτίμηση, υποκειμενική απόφαση
  • judgement of character    εκτίμηση χαρακτήρα
  • pass judgement    εκδίδω/βγάζω απόφαση
  • reserve judgement    επιφυλάσσομαι να αποφασίσω
  • sit in judgement    κρίνω

Italiano (Italian)
parere, giudizio, sentenza

idioms:

  • against one's better judgement    contro ogni buon senso
  • error of judgement    errore di valutazione
  • judgement call    convocazione giudiziaria
  • pass judgement    pronunziare una sentenza
  • reserve judgement    riservarsi il giudizio/il parere
  • sit in judgement    arrogarsi il diritto

Português (Portuguese)
n. - julgamento (m), sentença (f) (Jur.), opinião (f)

idioms:

  • against one's better judgement    (fazer algo) contrariando sua própria opinião
  • error of judgement    erro (m) de julgamento
  • judgement call    juízo (m) de valor
  • pass judgement    dar opinião, criticar
  • reserve judgement    recusa (f) em decidir-se antes de apurados todos os fatos
  • sit in judgement    criticar o comportamento de alguém (injustamente)

Русский (Russian)
слушание дела в суде, критика, осуждение, мнение, взгляд, здравый смысл

idioms:

  • against one's better judgement    вопреки своему убеждению
  • error of judgement    неверное суждение, ошибочный расчет
  • judgement call    решение, основанное на интуиции
  • pass judgement    выносить судебное решение, объявлять приговор, критиковать, судить кого-л.(свысока)
  • reserve judgement    откладывать решение, откладывать вынесение решения суда
  • sit in judgement    судить, критиковать, осуждать (свысока)

Español (Spanish)
n. - opinión, parecer, juicio, apreciación, juicio, fallo, sentencia, criterio

idioms:

  • against one's better judgement    contra de lo que a uno le parece mejor
  • error of judgement    error de apreciación
  • judgement call    decisión tomada sobre bases empíricas
  • judgement of character    juicio de la reputación
  • pass judgement    pronunciar una sentencia
  • reserve judgement    reservarse la opinión, no opinar
  • sit in judgement    ser miembro del tribunal

Svenska (Swedish)
n. - dom(slut), straff, bedömning, kritik

中文(简体) (Chinese (Simplified))
审判, 判断, 判决

idioms:

  • against one's better judgement    明知不可取地, 明知不适当地
  • error of judgement    误判, 判断错误
  • judgement call    主观判断
  • judgement of character    性格判断
  • pass judgement    下判决, 判断..., 批判, 做出宣判
  • reserve judgement    保留判断
  • sit in judgement    裁断评判他人

中文(繁體) (Chinese (Traditional))
n. - 審判, 判斷, 判決

idioms:

  • against one's better judgement    明知不可取地, 明知不適當地
  • error of judgement    誤判, 判斷錯誤
  • judgement call    主觀判斷
  • judgement of character    性格判斷
  • pass judgement    下判決, 判斷..., 批判, 做出宣判
  • reserve judgement    保留判斷
  • sit in judgement    裁斷評判他人

한국어 (Korean)
n. - 판단, 의견 , 벌, 판결, 판단력

日本語 (Japanese)
n. - 裁判, 判決, 最後の審判, 天罰, 判断, 判断力, 意見, 見解

idioms:

  • judgement call    判定

العربيه (Arabic)
‏(الاسم) حكم, قرار المحكمه, حصافه بيس سالم مع ذلك‏

עברית (Hebrew)
n. - ‮שפיטה, משפט, שיפוט, החלטה, דין, פסק-דין, כושר שיפוט, דעה‬


 
 

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Dictionary. The American Heritage® Dictionary of the English Language, Fourth Edition Copyright © 2007, 2000 by Houghton Mifflin Company. Updated in 2007. Published by Houghton Mifflin Company. All rights reserved.  Read more
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