search Nothing found
Main Dictionary J

Judgment

Judgment is called a legal decision regarding a dispute matter between the parties in the claim proceeding process. Notably, the subject matter is solved via recognition of benefits and burdens of the participants. In certain cases, financial damages or property conveyance are anticipated, as well as cashless demands, for instance, conferring a favor. 

Essence of Judgment

A judgment is defined as a verdict of the first-instance court, whereby the case is resolved on the merits and adopted by a particular state. 

Judgments can be divided, according to the following way:

  • Quasi in rem. Anticipates a court decision, concerning interests of one subject, towards specific items, for instance, an apartment. 
  • In personam. Also known as individual, presupposes personal liability of one party to another, or, in certain cases, to a group.
  • In rem. Means holding a common responsibility, not including a personal one, towards specific items. 

There is no doubt that legal decisions may take into account financial liability, as well as non-financial requirements. Let’s consider these judgments and the consequent liabilities in more detail.

Non-monetary judgments. A litigation is set without using financial facilities. As an alternative, a court ordered to settle the dispute by fulfilling the liabilities. For instance, a supplier didn’t meet the obligations, determined in the contract. But an individual is not willing to get the supplier’s monetary means for non-execution of an agreement. The court, in turn, renders a judgment in favor of an entity, and obligates the supplier to accomplish delivering of the goods. 

Monetary judgments. This type is the opposite to the court's decision described above. So that harm infliction is considered a case. The affected party usually claims to pursue cost recovery, which, in some scenarios, is expressed in financial facilities. Therefore, a losing entity pays damages. 

Damage recovery via Judgment

Monetary means are regarded as the most relevant type of damage recovery. All court decisions are reflected in the personal credit report for the following 7 years. In case of non-realization of the payment, it affects an individual’s credit score. 

The party, winning the legal action, may not expect receiving financial facilities right away. Sometimes it takes a long period of time, or can even be in vain. By the way, there is no need to despair. All judgments are official and legally binding. That’s why if the obliged entity doesn’t meet the court requirements, particular procedures are done, for instance, blocking bank accounts, property arrest, etc.

Judgment in real life

Let’s review the court’s decisions in a specific context. For instance, you’ve rented a flat. Before settling the apartment, you’ve paid $1,500 for a month’s rent, but the landlord required the same sum of money as security deposit which would be paid back after moving out. The underlined conditions were specified in the tenancy agreement. But the security deposit hasn’t been returned to you after a termination of the lease period. That’s why you went to the court, where the judgment anticipated the financial facilities pay back. 

Or another case in point. The payment system operator - Wirecard, has been falsifying reports for years. The denouement came only in the summer of 2020. The concern was in high favor with the exchange. Reports of balance sheet fraud and other transactions that led to Wirecard's bankruptcy did not come as a complete surprise. The first major scandal broke out back in 2008, when a group of shareholders accused the management of impurity. As a result, it led to a sharp drop in the stock's value. Therefore, German authorities have become interested in Wirecard's fraudulent operations. And these deceptive practices caused the bringing a case to the court. All the procedures are still being held, but, according to the analytical estimates, a judgment would be on the side of the affected party. 

Judgment in criminal and civil proceedings

Usually, there is a division of actions, particularly in the international system. 

So that generally lawsuits are recognized with: 

  • Criminal judgment represents a penalty for non-compliance of the predetermined rules, concerning the criminal statute. For instance, a theft offense, or fraudulent activities. These proceedings are instituted by advocates, performing as an executor of the state. A confinement, deprivation of rights and other financial penalties can be applied to the offender. 
  • Civil judgment anticipates litigation between two entities or persons. In a majority of cases, these proceedings are completed by virtue of imposing forfeits. 

Rendering a Judgment

Courts are able to settle a judicial proceeding by making:

  1. Summary judgment. It means that a full trial is not foreseen. In case of not having considerable disagreements, the parties are able to pass through the simplified proceedings, so as not to pay away for major hearings. But if the individual insists on this type of litigation, the court would regard the facts, where the favorable auspices belong to the counterparty. 
  2. Default judgment. It presupposes the court’s decision in the benefit of a present party. Regularly, it happens in case of one of the suitors’ absence during the whole trial session, or non-provision of grounds in a defense. 

Therefore, all judgments are binding mandates, and putting troubles in abolishing. 

Arresting property as part of a Judgment

Any property, levying a tax, can be arrested by the court’s decision. It includes bank accounts, real estate, transport means, securities, as well as prospective claims on the property. 

Anyway, possessions up to a particular sum of money would be left in the hands of a debtor. There also exists a possibility, of course, depending on the state, that an obligor saves some property, if its loss results in hardships. 

It should be noted that evading a judgment fulfillment can not be set aside. As it was mentioned before, possessing property up to a certain price category, would be an exception. Moreover, a chapter 7 bankruptcy speaks in support of obligor’s belongings. It allows them to meet the demands of the court, not abdicating the ownership.

Subscribe to our newsletter and stay up to date with all the news!