judgment(redirected from Opinion of U.S. District Court, N.D. Texas, June 17, 1970)
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judgment,decision of a court of law respecting the issues before it. The term ordinarily is not applied to the decreedecree,
in law, decision of a suit in a court of equity. It is the counterpart in equity of the judgment in a court of law, although in those jurisdictions where law and equity have merged, judgment is sometimes used to include both.
..... Click the link for more information. (order) of courts of equityequity,
principles of justice originally developed by the English chancellor. In Anglo-American jurisprudence equitable principles and remedies are distinguished from the older system that the common law courts evolved.
..... Click the link for more information. . The outstanding characteristic of a legal judgment, in contrast to an equitable decree, is its finality and fixity; thus, except for error justifying an appealappeal,
in law, hearing by a superior court to consider correcting or reversing the judgment of an inferior court, because of errors allegedly committed by the inferior court.
..... Click the link for more information. , the judgment may not be reconsidered (see jeopardyjeopardy,
in law, condition of a person charged with a crime and thus in danger of punishment. At common law a defendant could be exposed to jeopardy for the same offense only once; exposing a person twice is known as double jeopardy.
..... Click the link for more information. ). The judgment, which in most cases of consequence follows the verdictverdict,
in law, official decision of a jury respecting questions of fact that the judge has laid before it. In the United States, verdicts must be unanimous in federal courts, but majority verdicts are constitutionally permissible in state courts.
..... Click the link for more information. of a juryjury,
body convened to make decisions of fact in legal proceedings. Development of the Modern Jury
Historians do not agree on the origin of the English jury.
..... Click the link for more information. , 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 sentencesentence,
in criminal law, punishment that a court orders, imposed on a person convicted of criminal activity. Sentences typically consist of fines, corporal punishment, imprisonment for varying periods including life, or capital punishment, and sometimes combine two or more
..... Click the link for more information. . In civil cases, when judgment is for the plaintiff, the court usually awards a sum as damagesdamages,
money award that the judgment of a court requires the defendant in a suit to pay to the plaintiff as compensation for the loss or injury inflicted. Damages are the form of legal redress most commonly sought.
..... Click the link for more information. . 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 garnishmentgarnishment,
in law, means of requiring a third party who holds a debt (including wages) due a defendant to retain the property temporarily. The garnishment consists of a warning, in the form of a judgment, to the third party, called the garnishee, not to deliver the goods or
..... Click the link for more information. ). 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 contemptcontempt,
in law, interference with the functioning of a legislature or court. In its narrow and more usual sense, contempt refers to the despising of the authority, justice, or dignity of a court.
..... Click the link for more information. of court. A judgment rendered by the courts of one state is entitled to recognition by the courts of all other states.
(prigovor), a decision delivered by a court after hearing a criminal case. The judgment establishes the guilt or innocence of the defendant and the sentence for a guilty person. It also establishes any other legal consequences of acknowledging the guilt or innocence of the defendant.
In the USSR the state uses the judgment to protect society and citizens against criminal encroachments, since it is in the judgment that the court, on behalf of the state, gives a sociopolitical assessment of the crime and the person who committed it. The law imposes high requirements on the judgment. It must be legal, substantiated, just, convincing, and well-reasoned. To meet these requirements, the judgment must be based on the evidence heard by the court in session, and it must express the objective truth.
There are two types of judgments in Soviet criminal procedure: conviction and acquittal. If the act has lost its social danger by the time of the trial or the person who committed it is no longer socially dangerous, the court delivers a guilty verdict without imposing a punishment. An acquittal is rendered where the elements of the crime have not been established or the participation of the defendant in the commission of the crime has not been proved.
Each judgment has three parts: an introductory part, a descriptive part (description and reasoning or only reasoning), and a resolutory part.
In view of the exceptional importance of the judgment, criminal procedural law provides a special procedure for rendering and announcing a judgment. The judgment is reached in the conference room where only members of the court for the given case can be present (the law protects the secrecy of the deliberations of the court). The deliberations are directed by the presiding judge. All questions are decided by a simple majority of votes, and the vote of a people’s assessor is equivalent to the vote of the presiding judge. A judge who is in the minority has the right to present a special opinion. The judgment is signed by all the judges, including the dissenting judge. After the judgment is signed it is announced in court, and all those present in the courtroom stand to hear it.
The judgment is given in the language in which the trial was conducted. If the judgment is given in a language that the defendant does not understand, it must be read after it is announced in a translation in the native language of the defendant or in another language that the defendant knows. A copy of the judgment is given to the convicted or acquitted person. The possibility of lodging an appeal or protest through the organs of court supervision guarantees that only legal and substantiated judgments will be enforced.
(1) A proposition.
(2) A mental act expressing the speaker’s relationship to the content of a statement, or utterance, through affirmation of its modality and usually associated with the psychological state of conviction or belief. Reflecting the profoundly semantic nature of speech (and of linguistic thought in general), judgments in this sense, in contrast to propositions, always have a modal and evaluative character.
If a statement is evaluated only with respect to its truth-value—the mode of affirmation being “A is true” or “A is false”—the judgment is called assertoric. If what is affirmed is the possibility (of the truth) of what is stated—as in “A is possible (possibly true)” or “It is possible that A (is true)”—the judgment is called problematic. Finally, when it is the necessity (of the truth) of a statement that is affirmed—as in “A is necessary (necessarily true)” or “It must be that A (is true)”—the judgment is called apodictic. There are, of course, other possible evaluations of a statement, such as “A is beautiful” or “A is unfortunate,” but there is as yet no formulation or formal study of this kind of judgment in any theory of logic.
In classical logic, the only means of evaluating a statement is covered by the first mode considered above; from this point of view, however, a statement is indistinguishable from the assertoric affirmation of a statement, as shown in (1) and (2).
Hence in classical logic the terms “judgment” and “proposition” are synonymous, and judgments are not singled out as independent objects of inquiry. It is only in modal logic that judgments actually become a subject for special study.
REFERENCEChurch, A. Vvedenie v matematicheskuiu logiku, vol. 1. Moscow, 1960. Subsection 04. (Translated from English.)
M. M. NOVOSELOV