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Encyclopedia > Judgment


A judgment or judgement (see spelling note below), in a legal context, is synonymous with the formal decision made by a court following a lawsuit. At the same time the court may also make a range of court orders, such as imposing a sentence upon a guilty defendant in a criminal matter, or providing a remedy for the plaintiff in a civil matter. A judgment or judgement (see spelling note below), in a legal context, is synonymous with the formal decision made by a court following a lawsuit. ... This article is about law in society. ... A court is an official, public forum which a sovereign establishes by lawful authority to adjudicate disputes, and to dispense civil, labour, administrative and criminal justice under the law. ... A lawsuit is a civil action brought before a court in which the party commencing the action, the plaintiff, seeks a legal remedy. ... A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties before the court and requires or authorises the carrying out of certain steps by one or more parties to a case. ... In law, a sentence forms the final act of a judge-ruled process, and also the symbolic principal act connected to his function. ... Guilt is a word describing many concepts related to an emotion or condition caused by actions which are, or are believed to be, morally wrong. ... A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. ... for other uses please see Crime (disambiguation) A crime is an act that violates a political or moral law. ... A remedy is the solution or amelioration of a problem or difficulty. ... A plaintiff, also known as a claimant or complainant, is the party who initiates a lawsuit (also known as an action) before a court. ... Look up Civil in Wiktionary, the free dictionary The word Civil is derived from the Latin word civilis, from civis (citizen). Used as an adjective, it may describe several fields, concepts, and people: Civil death Civil defense Civil disobedience Civil engineering Civil law Civil liberties Civil libertarianism Civil marriage Civil...


In the United States, under the rules of civil procedure governing practice in federal courts and most state courts, the entry of judgment is the final order entered by the court in the case, leaving no further action to be taken by the court with respect to the issues contested by the parties to the lawsuit. With certain exceptions, only a final judgment is subject to appeal. Civil procedure is the body of law that sets out the process that courts will follow when hearing cases of a civil nature (a civil action). These rules govern how a lawsuit or case may be commenced, what kind of service of process is required, the types of pleadings or... An appeal is the act or fact of challenging a judicially cognizable and binding judgment to a higher judicial authority. ...



In non-legal contexts, a judgment is a balanced weighing up of evidence preparatory to making a decision. A formal process of evaluation applies. A judgment may be expressed as a statement, e.g. S1: 'A is B' and is usually the outcome of an evaluation of alternatives. The formal process of evaluation can sometimes be described as a set of conditions and criteria that must be satisfied in order for a judgment to be made. What follows is a suggestive list of some conditions that are commonly required:

  • there must be corroborating evidence for S1,
  • there must be no true contradicting statements,
  • if there are contradicting statements, these must be outweighed by the corroborating evidence for S1, or
  • contradicting statements must themselves have no corroborating evidence
  • S1 must also corroborate and be corroborated by the system of statements which are accepted as true.

One should be cautious in attributing, without a rigorous analysis, a rigid set of criteria to all forms of judgment. Often this results in unnecessary restrictions to judgment methodologies, excluding what may otherwise be considered legitimate judgments. For analogous difficulties in science and the scientific method see the Wikipedia entry on the scientific method. Corroborating evidence is evidence that tends to support a proposition that is already supported by some evidence. ... Scientific method as envisaged by one of its early exponents, Sir Isaac Newton, is fundamental to the investigation and acquisition of new knowledge based upon physical evidence. ...


From the criteria mentioned above, we could judge that "It is raining" if there are raindrops hitting the window, if people outside are using umbrellas, and if there are clouds in the sky. Someone who says that despite all this, it is not raining, but cannot provide evidence for this, would not undermine our judgment.


However, if they demonstrated that there was a sophisticated projection and audio system to produce the illusion of our evidence, then we would probably reconsider our judgment. However, we would not do this lightly, we would demand evidence of the existence of such a system. Then it would need to be decided again upon available new evidence whether or not it was raining.


Many forms of judgment, including the above example, require that they be supported by, and support, known facts which are themselves well supported, and its negation must be shown to be unfounded, before it is accepted as well founded.


Contrast choice. Choice consists of that mental process of thinking involved with the process of judging the merits of multiple options and selecting one for action. ...


Spelling

Traditionally, the word has been spelled judgment in all forms of the English language. However, the spelling judgement (with e added) largely replaced judgment in the United Kingdom in a non-legal context. In the context of the law, however, judgment is preferred. This spelling change contrasts with other similar spelling changes made in American English, which were rejected in the UK. In the US at least, judgment is still preferred and judgement is considered incorrect by many American style guides. As with many such spelling differences, both forms are equally acceptable in Canadian English and Australian English. The English language is a West Germanic language that originates in England. ... American English (AmE) is the dialect of the English language used mostly in the United States of America. ... Canadian English is the form of English language used in Canada, spoken as a first or second language by over 25 million – or 85 percent of – Canadians (2001 census). ... Australian English (AuE) is the form of the English language used in Australia. ...


See also


  Results from FactBites:
 
Summary judgment - Wikipedia, the free encyclopedia (1322 words)
A party moving (applying) for summary judgment is attempting to eliminate its risk of losing at trial, and possibly avoid having to go through the directions by demonstrating to the judge, by sworn statements and documentary evidence, that there are no material issues of fact remaining to be tried.
A party moving for summary judgment may refer to any evidence that would be admissible if there were to be a trial, such as, depositions, party admissions, documents received during discovery (such as contracts, emails, letters, and certified government documents).
A grant of summary judgment is reviewed "de novo" (meaning, without deference to the views of the trial judge) both as to the determination that there is no remaining genuine issue of material fact and that the prevailing party was entitled to judgment as a matter of law.
Judgment - Wikipedia, the free encyclopedia (552 words)
A judgment or judgement (see spelling note below), in a legal context, is synonymous with the formal decision made by a court following a lawsuit.
Many forms of judgment, including the above example, require that they be supported by, and support, known facts which are themselves well supported, and its negation must be shown to be unfounded, before it is accepted as well founded.
In the US at least, judgment is still preferred and judgement is considered incorrect; as with many such spelling differences, both forms are acceptable in Canadian English and Australian English.
  More results at FactBites »

 
 

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