Jump to content
Main menu
Main menu
move to sidebar
hide
Navigation
Main page
Recent changes
Random page
Help about MediaWiki
Special pages
Niidae Wiki
Search
Search
Appearance
Create account
Log in
Personal tools
Create account
Log in
Pages for logged out editors
learn more
Contributions
Talk
Editing
Judgment (law)
(section)
Page
Discussion
English
Read
Edit
View history
Tools
Tools
move to sidebar
hide
Actions
Read
Edit
View history
General
What links here
Related changes
Page information
Appearance
move to sidebar
hide
Warning:
You are not logged in. Your IP address will be publicly visible if you make any edits. If you
log in
or
create an account
, your edits will be attributed to your username, along with other benefits.
Anti-spam check. Do
not
fill this in!
== 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 decree|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.<ref name="auto"/> Consent judgments are often used in the regulatory context, particularly in antitrust and environmental cases.<ref>Robert B. Bell, ''Regulation by Consent Decree'', 27 Antitrust 73 at 73 (2011–2012).</ref> * [[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.<ref name="auto2">''Black’s Law Dictionary'' 971 (10th ed. 2014).</ref> 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|injunction order]] because it clarifies the parties' rights without actually directing the parties to do anything.<ref>Samuel L Bray, ''The Myth of the Mild Declaratory Judgment'', 63 Duke L.J. 1091 at 1093 (2014).</ref> 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.<ref name="auto3">''Black’s Law Dictionary'' 507 (10th ed. 2014).</ref> Default judgments are commonly used where the defendant fails to appear before the court or submit a defence after being summoned.<ref name="auto3"/> A default judgment grants the relief requested by the appearing party and does not require extensive factual or legal analysis from the court.<ref name="auto3"/> * [[Interlocutory|Interlocutory judgment]]: an intermediate or interim judgment providing a temporary decision on an issue that requires timely action.<ref name="auto2"/> 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.<ref>''Capital Gains Income Streams Corporation v. Merrill Lynch Canada Inc.'', [2007] OJ No 2606 at para 32 (Can.).</ref> *{{anchor|reserved}} 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.<ref name="auto1"/> 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").<ref>''Black’s Law Dictionary'' 465 (10th ed. 2014).</ref> * [[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.<ref name="auto4">''Black’s Law Dictionary'' 1664 (10th ed. 2014).</ref> 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."<ref name="auto4"/> * [[Vacated judgment]]: a judgment of an [[appellate court]] whereby the judgment under review is set aside and a new trial is ordered.<ref>''Black’s Law Dictionary'' 1782 (10th ed. 2014).</ref> 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.<ref>{{Cite web |title=vacatur |url=https://www.law.cornell.edu/wex/vacatur |access-date=2023-12-12 |website=LII / Legal Information Institute |language=en}}</ref> The result of a vacated judgment is a [[trial de novo]].
Summary:
Please note that all contributions to Niidae Wiki may be edited, altered, or removed by other contributors. If you do not want your writing to be edited mercilessly, then do not submit it here.
You are also promising us that you wrote this yourself, or copied it from a public domain or similar free resource (see
Encyclopedia:Copyrights
for details).
Do not submit copyrighted work without permission!
Cancel
Editing help
(opens in new window)
Search
Search
Editing
Judgment (law)
(section)
Add topic