judgment, 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.
Questia, a part of Gale, Cengage Learning. www.questia.com
Publication information: Article title: judgment. Encyclopedia title: The Columbia Encyclopedia, 6th ed.. © 2012 The Columbia Electronic Encyclopedia © 2012, Columbia University Press. Licensed from Columbia University Press. Used with the permission of Columbia University Press. All Rights Reserved. Publisher: The Columbia University Press. Place of publication: Not available. Publication year: 2013.
This material is protected by copyright and, with the exception of fair use, may not be further copied, distributed or transmitted in any form or by any means.