JUDGMENT, in law, a term used to describe (1) the adjudication by a
court of justice upon a controversy submitted to it _inter partes_
(_post litem contestatam_) and determining the rights of the parties and
the relief to be awarded by the court as between them; (2) the formal
document issuing from the court in which that adjudication is
expressed; (3) the opinions of the judges expressed in a review of the
facts and law applicable to the controversy leading up to the
adjudication expressed in the formal document. When the judgment has
been passed and entered and recorded it binds the parties: the
controversy comes to an end (_transit in rem judicatam_), and the person
in whose favour the judgment is entered is entitled to enforce it by the
appropriate method of "execution." There has been much controversy among
lawyers as to the meaning of the expressions "final" and "interlocutory"
as applied to judgments, and as to the distinction between a "judgment,"
a "decree," and an "order." These disputes arise upon the wording of
statutes or rules of court and with reference to the appropriate times
or modes of appeal or of execution.
The judgments of one country are not as a rule directly enforceable in
another country. In Europe, by treaty or arrangement, foreign judgments
are in certain cases and on compliance with certain formalities made
executory in various states. A similar provision is made as between
England, Scotland and Ireland, for the registry and execution in each
country of certain classes of judgments given in the others. But as
regards the rest of the king's dominions and foreign states, a "foreign"
judgment is in England recognized only as constituting a cause of action
which may be sued upon in England. If given by a court of competent
jurisdiction it is treated as creating a legal obligation to pay the sum
adjudged to be due. Summary judgment may be entered in an English action
based on a foreign judgment unless the defendant can show that the
foreign court had not jurisdiction over the parties or the subject
matter of the action, or that there was fraud on the part of the foreign
court or the successful party, or that the foreign proceedings were
contrary to natural justice, e.g. concluded without due notice to the
parties affected. English courts will not enforce foreign judgments as
to foreign criminal or penal or revenue laws.
JUDGMENT DEBTOR, in English law, a person against whom a judgment
ordering him to pay a sum of money has been obtained and remains
unsatisfied. Such a person may be examined as to whether any and what
debts are owing to him, and if the judgment debt is of the necessary
amount he may be made bankrupt if he fails to comply with a bankruptcy
notice served on him by the judgment creditors, or he may be committed
to prison or have a receiving order made against him in a judgment
summons under the Debtors Act 1869.
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