LEARNING OBJECTIVES
By the end of this lesson, you will be able to;
- Define judgment
- Describe who renders judgment
- Describe forms of judgment
- Describe types of judgment
- Explain opinions within judgment
In law, judgment refers to a decision reached by a court concerning the rights and liabilities of parties involved in a legal action or proceeding. The main legal systems in the world use either common law, a statutory, or constitutional duty as reasons for a judgment.
Who renders a judgment?
In law, decisions are made by judges in a court of law.
Forms of judgments
A judgment can be written or oral. This depends on the circumstances. Oral judgments are mostly given during the conclusion of a hearing. Written judgments are mainly made in cases where complex decisions are made, when the decision carries significant importance to a people, or when the judgment is likely to be appealed. Written judgments are not provided immediately after a hearing. They may take up to months to be released.
TYPES OF JUDGEMENT
Judgments can be grouped on different bases including; the procedure followed in the process of reaching a judgment, the issues to be considered by the court, and the effect the judgment carries. Let us look at different judgments;
- Consent judgment. It is also called agreed judgment. This is an agreed upon settlement by the involved parties and approved by a judge. This type of judgment is mainly applied in the regulation. For example, environmental or antitrust cases.
- Declaratory judgment. In this judgment, the rights and liabilities of involved parties are determined without judgment enforcement or requiring a party to do something.
- Default judgment. This refers to a judgment favoring one party based on the failure of the other party to take action. For example, when no submission is made by the defense, or the defendant fails to show.
- Interlocutory judgment. This is an interim or intermediate judgment that provides a temporary decision for an issue requiring timely action. It is important to note that interlocutory orders are not final.
- Reserved judgment. This refers to a judgment not given immediately. This type of judgment is released days, weeks or months after the hearing.
- Summary judgment. This is an accelerated judgment not requiring a trial. The interpretation of the pleadings by the court forms the foundation of the judgment.
- Vacated judgment. This judgment is reached by an appellate court. The judgment being reviewed is set aside, and a new trial is ordered.
OPINIONS WITHIN JUDGEMENT
If a case is being decided by more than one judge, the judgment may be unanimous or it may be reached by a majority. The opinion of the majority judgment is the only one considered to have enough weight. Below are examples of opinions in judgment:
- Majority opinion. This refers to the opinion reached by more than half of the judges presiding over a case.
- Concurring opinion. This refers to the opinion of a judge or judges agreeing with the outcome of the majority opinion, but disagreeing wholly or in part with the reasoning.
- Plurality opinion. This refers to the opinion of different court judges when no majority is obtained.
- Dissenting opinion. This is the opinion of a judge or judges rejecting conclusions of the majority. They can reject it in whole, or in part, and give their reasons for rejecting the majority decision.
SUMMARY
We've learnt that;
- In law, judgment refers to a decision reached by a court concerning the rights and liabilities of parties involved in a legal action or proceeding.
- In law, decisions are made by judges in a court of law.
- A judgment can be written or oral.
- Judgments can be grouped on different bases including; the procedure followed in the process of reaching a judgment, the issues to be considered by the court, and the effect the judgment carries.
