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JUDGMENT

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Originally appearing in Volume V15, Page 541 of the 1911 Encyclopedia Britannica.
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JUDGMENT , in See also:

law, a See also:term used to describe (I) the See also:adjudication by a See also:court of See also:justice upon a controversy submitted to it inter partes (See also:post litem contestatam) and determining the rights of the parties and the See also: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 See also:judges expressed in a See also: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 See also:person in whose favour the judgment is entered is entitled to enforce it by the appropriate method of " See also: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 " See also:decree," and an " See also:order." These disputes arise upon the wording of statutes or rules of court and with reference to the appropriate times or modes of See also:appeal or of execution. The judgments of one See also:country are not as a See also:rule directly enforceable in another country. In See also:Europe, by treaty or arrangement, See also:foreign judgments are in certain cases and on compliance with certain formalities made executory in various states. A similar See also:provision is made as between See also:England, See also:Scotland and See also:Ireland, for the registry and execution in each country of certain classes of judgments given in the others. But as regards the See also:rest of the See also:king's dominions and foreign states, a " foreign " judgment is in England recognized only as constituting a cause of See also:action which may be sued upon in England. If given by a court of competent See also:jurisdiction it is treated as creating a legal See also:obligation to pay the sum adjudged to be due. See also:Summary judgment may be entered in an See also:English action based on a foreign judgment unless the See also:defendant can show that the foreign court had not jurisdiction over the parties or the subject See also:matter of the action, or that there was See also:fraud on the See also:part of the foreign court or the successful party, or that the foreign proceedings were contrary to natural justice, e.g. concluded without due See also:notice to the parties affected. English courts will not enforce foreign judgments as to foreign criminal or penal or See also:revenue See also:laws.

End of Article: JUDGMENT

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