An adjudicator is someone who presides, judges , and arbitrates during a formal dispute or competition . They have numerous purposes, including preliminary legal judgments , to determine applicant eligibility, or to assess contenders' performance in competitions.
89-456: An example is a person who makes a preliminary judgment as to an unemployment insurance claim. An adjudicator makes an initial decision to keep a case from going to court. Although the adjudicator's decision does not have legal weight, the adjudicator has rendered a decision. Although a case can be appealed to a judge, the adjudicator's decision is frequently accepted as the same as what a judge would make, keeping many time-consuming cases out of
178-620: A barrister 's wig (a Bench Wig) would be worn in court. This tradition, however, is being phased out in Britain in non-criminal courts. In Oman , the judge wears a long stripe (red, green white), while the attorneys wear the black gown. In Portugal and in the former Portuguese Empire , the judges used to carry a staff that was red for ordinary judges and white for the judges from the outside . In Hong Kong , court proceedings are conducted in either English or Hong Kong Cantonese (a dialect of Yue Chinese ). Judges of Hong Kong retain many of
267-434: A court renders a judgment, it may state that the successful party has a right to recover money or property. However, the court will not collect the money or property on behalf of the successful party without further action. In common law legal systems, judgment enforcement is regulated by administrative divisions such as a province , territory , or federated state , while in civil law legal systems judgment enforcement
356-473: A " satisfaction and release of judgment " document from the judgment creditor. This document affirms that the judgment debtor has fulfilled any obligations relating to the judgment. For example, in California , a judgment creditor must file an "Acknowledgment of Satisfaction of Judgment" where it has been paid in full by the judgment debtor within 15 days of the judgment debtor's request. This document has
445-447: A "judge", "umpire", "arbiter", or more archaically as a "daysman"), is a person who gives a critical evaluation of performances in competitions , festivals or talent shows , resulting in the award of marks, medals or prizes. In BP debate , an adjudicator weighs arguments and decides rankings in the house. There are different types of adjudicators, each with their respective duties and levels of authority: chair, panelist, and trainee. In
534-552: A Court may set aside a default judgment if the defendant can prove a number of key issues. In Queensland, in Unique Product Marketing Pty Ltd v Bortek Sales Pty Ltd [2000] QDC 314 Shanahan DCJ set-down some principles in relation to setting aside a regularly entered default judgment. They include: The Supreme Court of Canada has recognized a common law duty to provide "adequate" reasons for judgment and has stated that "the giving of reasoned judgments
623-762: A court is addressed as tisztelt bíró úr , which means "Honourable Mister Judge" and a female presiding judge is addressed as tisztelt bírónő , which means "Honourable Madam Judge". The court as a body can be addressed as tisztelt bíróság , which means "Honourable Court". Judges of the Supreme Court , Court of Appeal , or High Court are officially titled The Honourable Mr/Mrs/Ms/Miss Justice Surname ( Irish : An Breitheamh Onórach Uasal [surname] ), and informally referred to for short as Mr/Mrs/Ms/Miss Justice Surname . In court, they are addressed either by their respective titles or styles, as The Court ( An Chúirt ), or simply Judge ( A Bhreithimh ). In law reports ,
712-915: A court's formal ruling. Judgement is commonly used in the United Kingdom when referring to a non-legal decision. Translations from non-English texts demonstrate varied spelling of the word. For instance, the English translation of France's Code of Civil Procedure uses "judgement" throughout. The legal definition of "judgment" contemplates decisions made by judges in a court of law. Decisions of quasi-judicial bodies and administrative bodies may also be colloquially referred to as "judgments," but they must be distinguished from true judgments in that they are not made by judges in courts of law. Judgments must also be distinguished from arbitral awards , which are made by arbitral tribunals . A judgment may be provided either in written or oral form depending on
801-545: A final judgment must be made "when the suit is ripe for making a judicial decision." The judgment must contain the names of the parties, the court, the final date of oral argument, the facts, and the reasons for decision subject to some exceptions. A judgment must be rendered within two months of the conclusion of oral arguments unless exceptional circumstances apply and becomes effective once it has been rendered. A court's duties regarding judgments are outlined in The Law of
890-464: A high salary, in the U.S. the median salary of judges is $ 101,690 per annum, and federal judges earn $ 208,000–$ 267,000 per annum. In many civil law countries in Europe the majority of judges are women: in 5 countries ( Slovenia , Latvia , Luxembourg , Greece and Hungary ) women make more that 70% of judges of the first instance. In contrast, in common law countries ( UK , Ireland , Malta and
979-416: A judge are checked by higher courts such as appeals courts and supreme courts. The court usually has three main legally trained court officials: the judge, the prosecutor and the defence attorney. The role of a judge can vary between legal systems. In an adversarial system (common law), as in effect in the U.S. and England, the judge functions as an impartial referee, mainly ensuring correct procedure, while
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#17327808280791068-489: A judge is to settle a legal dispute in a final and publicly lawful manner in agreement with substantial partialities. Judges exercise significant governmental power. They can order police, military or judicial officials to execute searches, arrests, imprisonments, garnishments, detainment, seizures, deportations and similar actions. However, judges also supervise that trial procedures are followed, in order to ensure consistency and impartiality and avoid arbitrariness. The powers of
1157-411: A judgment debtor is capable of fulfilling the judgment order may affect the enforcement mechanism used to recover the money or property. Some steps are available in different jurisdictions to investigate or interview judgment creditors, and investigations may be conducted either by the judgment creditor or by a sheriff or bailiff . Different enforcement mechanisms exist, including seizure and sale of
1246-445: A man or Meretíssima Juíza when a woman (meaning "Most Worthy Judge") or as Vossa Excelência ("Your Excellency") when not specifying gender. In Romania , judges during trial are addressed as Onorata Instanta (Your Honor). In Russia, Vasha Chest ( Russian : Ваша Честь , lit. 'Your Honour') is used for criminal cases only with the one judge presiding. For civil, commercial and criminal cases presided over by
1335-685: A panel of judges the right address is Honorable Court . In Spain, magistrates of the Supreme Court, magistrates and judges are addressed to as "Your Lordship" ( Su Señoría ); however, in formal occasions, magistrates of the Supreme Court are addressed to as "Your Most Excellent Lordship" ( Vuestra Señoría Excelentísima or Excelentísimo Señor / Excelentísima Señora ); in those solemn occasions, magistrates of lower Courts are addressed as "Your Most Illustrious Lordship" ( Vuestra Señoría Ilustrísima or Ilustrísimo Señor / Ilustrísima Señora ); simple judges are always called "Your Lordship". In Sweden,
1424-458: A panel. In some civil law systems, this panel may include lay judges . Unlike professional judges, lay judges are not legally trained, but unlike jurors, lay judges are usually volunteers and may be politically appointed. Judges are often assisted by law clerks , referendaries and notaries in legal cases and by bailiffs or similar with security. There are both volunteer and professional judges. A volunteer judge, such as an English magistrate ,
1513-577: A political election. Impartiality is often considered important for rule of law . Thus, in many jurisdictions judges may be appointed for life, so that they cannot be removed by the executive. However, in non-democratic systems, the appointment of judges may be highly politicized and they often receive instructions on how to judge, and may be removed if their conduct does not please the political leadership. Judges must be able to research and process extensive lengths of documents, witness testimonies, and other case material, understand complex cases and possess
1602-501: A thorough understanding of the law and legal procedure, which requires excellent skills in logical reasoning, analysis and decision-making. Excellent writing skills are also a necessity, given the finality and authority of the documents written. Judges work with people all the time; by the nature of the job, good dispute resolution and interpersonal skills are a necessity. Judges are required to have good moral character , i.e. there must be no history of crime. Professional judges often enjoy
1691-404: Is laamanni ( lawspeaker ). They are assisted by notaries ( notaari ), assessors ( asessori ) and referendaries ( viskaali ) who may sometimes even chair sessions. In appeals courts ( hovioikeus ) an ordinary judge has the title hovioikeudenneuvos , the chairman of a section is hovioikeudenlaamanni and the court is led by a presidentti . In the Supreme Court, judges are titled oikeusneuvos and
1780-428: Is a person who presides over court proceedings, either alone or as a part of a panel of judges . In an adversarial system , the judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling in the case based on their interpretation of the law and their own personal judgment. A judge
1869-409: Is accepted or rejected, the primary facts which the judge finds; to relate those findings to the factual issues in the case; to show how any inference has been drawn; to make the necessary findings of fact; to identify and apply the appropriate legal principles; and, ultimately, to make the appropriate dispositive orders'. In HKSAR v Tin's Label Factory Ltd , at the end of the hearing of the appeal in
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#17327808280791958-430: Is central to the legitimacy of judicial institutions in the eyes of the public." Determining whether reasons for judgment are adequate is a contextual exercise that may call for different information or depth of reasoning based on the circumstances of the case. In general, Canadian courts are expected to provide reasons for judgment as a duty to the public at large, to demonstrate that the judge or judges have engaged with
2047-489: Is expected to conduct the trial impartially and, typically, in an open court . The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions . In some jurisdictions, the judge's powers may be shared with a jury . In inquisitorial systems of criminal investigation , a judge might also be an examining magistrate . The presiding judge ensures that all court proceedings are lawful and orderly. The ultimate task of
2136-407: Is no special form of address; ordinary politeness is sufficient and the procedure lacks arcane rituals. Accordingly, the chairman of the panel is addressed as herra/rouva puheenjohtaja ("Mr./Ms. Chairman"). Finnish judges use gavels, but there are no robes or cloaks used in any Finnish courts. In a district court ( käräjäoikeus ), ordinary judges work with the title käräjätuomari and the chairman
2225-441: Is not required to have legal training and is unpaid. Whereas, a professional judge is required to be legally educated ; in the U.S., this generally requires a degree of Juris Doctor . Furthermore, significant professional experience is often required; for example, in the U.S., judges are often appointed from experienced attorneys . Judges are often appointed by the head of state . However in some jurisdictions, judges are elected in
2314-475: Is regulated through the national Code of Civil Procedure . Judgment enforcement, on a conceptual level, is conducted in a similar way across different legal systems . Specific references to the judgment enforcement rules of Germany , Canada ( Saskatchewan ), and the United States ( California ) are made in this section. The successful party may receive immediate payment from the unsuccessful party on
2403-515: Is the judge, who will do the presiding, judging and sentencing on his own. As such, the judge is expected to apply the law directly, as in the French expression Le juge est la bouche de la loi ("The judge is the mouth of the law"). Furthermore, in some systems even investigations may be conducted by the judge, functioning as an examining magistrate. Judges may work alone in smaller cases, but in criminal, family and other significant cases, they work in
2492-841: The Chief Justice of Ireland has the postnominal CJ , the Presidents of the other Courts have the postnominal P , and all other judges J , e.g. Smith J . Judges of the Circuit Court are titled His/Her Honour Judge Surname and are addressed in Court as Judge . Before 2006, they were addressed as My Lord ( A thiarna ) . Judges of the District Court are titled Judge Surname and addressed in Court as Judge . Before 1991 these judges were known as District Justices and addressed as Your Worship ( d'Onóra ). In Italy,
2581-516: The Court of First Instance , Mr Justice Pang Kin-kee immediately delivered an oral decision allowing the appeal, with written reasons to be handed down at a later date. 7 months later, the Judge handed down the written reasons for judgment dismissing the appeal, a result which was inconsistent with the oral decision announced at the end of the hearing. After the appellant contacted the Judge's clerk, later
2670-543: The Maryland Supreme Court wear distinct dress. In Italy and Portugal , both judges and lawyers wear particular black robes. In some countries, especially in the Commonwealth of Nations , judges wear wigs . The long wig often associated with judges is now reserved for ceremonial occasions, although it was part of the standard attire in previous centuries. A short wig resembling but not identical to
2759-881: The Urdu equivalent Janab or Judge Sahab . In Sri Lanka , judges of most courts are addressed as Your Honour ; however, the Chief Justice is addressed as Your Lordship . Judges of the Supreme Court and the Appeal Court receives the title The Honourable . Judges in Vietnam are addressed as Quý tòa (literally the "Honorable Court"). In Bulgaria before 1989 during the communist regime, judges were addressed as drugarju ( Bulgarian : другарю , lit. 'comrade'). After 1989, gospodín sŭdiya (Bulgarian: господин съдия , lit. 'mister judge') or gospožo sŭdiya (Bulgarian: госпожо съдия , lit. 'madam judge'). There
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2848-472: The federal Constitution generally requires states to recognize the records and judgments of other states. A court's duties regarding judgments are outlined in the Code de procédure civile . A judgment "is given on behalf of the French people" and must contain certain information, including the date, the names of the judges, the level of court, and the names of the parties involved. A judgment must also describe
2937-495: The judgment debtor in North America . Judgment creditors can register their judgments through the property registry system in their jurisdictions, levy the property in question through a writ of execution, or seek a court order for enforcement depending on the options available in their jurisdiction. Judgment creditors may also need to investigate whether judgment debtors are capable of paying. Understanding whether
3026-414: The 'extraordinary' and 'inordinate' delay of 30 months which the trial judge ( Madam Recorder Gladys Li SC) took in handing down her reserved judgment was 'wholly excessive' and 'extremely regrettable', and recognised that 'it may lead to a denial of justice as a Judge's memory of the evidence, the witnesses, the submissions and the trial itself may fade with time', but nonetheless upheld her decision as it
3115-425: The 'sheer length of the judge's Reasons for Verdict brings with it considerable difficulties for the appeal courts and any other newcomer to the case in trying to unravel the relevant evidence and identify the real issues at trial. An unduly lengthy set of Reasons also creates problems for the judge himself in focussing on the essential issues at trial so as to explain, clearly, concisely and expediently, why he came to
3204-535: The 1st written judgment purporting to set out his reasons for "dismissing" the appeal on 15 May 2008, the Judge must have forgotten about his earlier oral decision allowing the appeal and omitted to check the file. The delay in preparing his reasons must have contributed to this oversight'. In accordance with section 170 of the Senior Courts Act 2016, the Chief Justice of New Zealand , the President of
3293-569: The Court of Appeal and the Chief High Court Judge publish information about the indicative delivery times for reserved judgments in the Supreme Court , Court of Appeal and High Court respectively. As of 2017, the Supreme Court 'will endeavour to deliver judgment in an appeal within six months from the last day of the hearing'. In the Court of Appeal and the High Court , most decisions are delivered within three months of
3382-631: The District of Columbia had mandatory retirement ages for State court judges, which ranged from 70 to 75 for most (but is as high as 90 in Vermont ). A 2020 study by the National Bureau of Economic Research found significant positive effects on the performance of state Supreme Courts with mandatory retirement age for judges. The authors advocated the adoption of mandatory retirement ages for all federal and state judges, although they felt, that
3471-781: The English tradition. In writing, the post-nominal letters PJ is used to refer to a permanent judge of the Court of Final Appeal and NPJ to a non-permanent judge. In the High Court, the abbreviation JA is used to denote a justice of appeal, and the letter J refers to a judge of the Court of First Instance. Masters of the High Court are addressed as Master . When trials are conducted in Chinese, judges were addressed, in Cantonese, as Fat Goon Dai Yan ( Hong Kong Cantonese : 法官大人 , romanized: faat3 gun1 daai6 jan4 , lit. 'Judge, your lordship') before
3560-544: The English traditions such as wearing wigs and robes in trials. In the lower courts, magistrates are addressed as Your worship , and district court judges as Your Honour . In the superior courts of record, namely the Hong Kong Court of Final Appeal and the High Court of Hong Kong (which consists of the Court of Appeal and the Court of First Instance ), judges are addressed as My Lord or My Lady and referred to as Your Lordship or Your Ladyship , following
3649-633: The High Courts were addressed as Your Lordship or My Lord and Your Ladyship or My Lady , a tradition directly attributable to England. The Bar Council of India had adopted a resolution in April 2006 and added a new Rule 49(1)(j) in the Advocates Act . As per the rule, lawyers can address the court as Your Honour and refer to it as Honourable Court . If it is a subordinate court, lawyers can use terms such as sir or any equivalent phrase in
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3738-477: The Judiciary . Judgments must be pronounced in a public hearing and must "include the grounds on which they were based and the legal authority thereof." A judgment may be rendered unanimously or by a majority vote. If the judgment contains a dissent, the majority decision in the judgment must address the dissenting opinion, and any dissenting judges must explain why they are dissenting. Judge A judge
3827-826: The United States) the situation is reverse: over 70% of judges of the first instance are men. On the other hand, women are underrepresented in the Supreme Courts in the USA and all EU countries, except for Romania (in Romanian High Court of Cassation and Justice over 80% of judges are women). In the United States, federal judges are appointed "for good behavior", which means in practice, that federal judges work until they die, voluntarily retire or are impeached. The death of Ruth Bader Ginsburg in
3916-503: The affected parties have been notified. A court's duties regarding judgments are outlined in the Zivilprozessordnung . A trial judgment must contain certain information, including the parties and their representatives, the court and judges involved in the decision, the date the proceedings finished, the merits of the case and the reasons for the judgment. Specifically, the legislation requires that "the claims asserted and
4005-463: The appeal. Delays have occurred in a number of judicial review cases. For example, in Data Key Ltd v Director of Lands , Lui Yuet Tin v Commissioner for Transport and DI v Director of Immigration , Mr Justice Au handed down his reserved judgment 26 to 28 months after the hearing. The Court of Appeal has on occasion delivered its reasons for judgment a significant period of time after
4094-402: The basis of the judgment and not require further action. A successful party who does not receive immediate payment must initiate a judgment enforcement process in order to collect the money or property that they are entitled to under the judgment. Once this process is initiated, the successful party may be referred to as the judgment creditor while the unsuccessful party will be referred to as
4183-511: The bench). American judges frequently wear black robes. American judges have ceremonial gavels , although American judges have court deputies or bailiffs and contempt of court power as their main devices to maintain decorum in the courtroom. However, in some of the Western United States , like California, judges did not always wear robes and instead wore everyday clothing. Today, some members of state supreme courts , such as
4272-427: The circumstances. Oral judgments are often provided at the conclusion of a hearing and are frequently used by courts with heavier caseloads or where a judgment must be rendered quickly. Written reasons for judgment are often provided in circumstances where a complex decision must be made, where the matter is likely to be appealed, or where the decision is considered to be of some significant importance to members of
4361-545: The civil law imposes a statutory requirement to provide reasons for judgment, the common law recognizes a contextual duty to provide reasons depending on certain circumstances. The following section provides some information regarding judgments in different jurisdictions as well as examples of their treatment of other types of judgments, where available. At the State level various State and Territory Courts allow for parties to obtain different types of judgments; including: However,
4450-480: The conclusion of the hearing. Where an oral decision has been given of the result, with reasons to follow later, it is incumbent upon the judge to deliver the reasons within a reasonable time. This is important not only for the parties, but it is essential to the maintenance of public confidence in the administration of justice. In the present case, the delay of seven-and-a-half months was unjustified'. The Hong Kong Court of Final Appeal further stated that 'In handing down
4539-553: The court is led by a presidentti . In France, the presiding judge of a court is addressed as Monsieur le président or Madame le président , whilst associated judges are addressed as Monsieur l'Assesseur or Madame l'Assesseur . Out of the courtroom, judges are referred to as Monsieur le juge or Madame le juge . In Germany, judges are addressed as Herr Vorsitzender or Frau Vorsitzende , which translate as "Mister Chairman" and "Madam Chairwoman", or as Hohes Gericht , which translates as "High Court". The male presiding judge of
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#17327808280794628-513: The court system. The term is used to refer to a panel of judges in the process of considering security clearances for the United States government. The panel reviews information from a background investigation and a polygraph and decides whether to grant the clearance. Adjudicators can be a medical review board that makes disability and retirement benefit decisions for Federal employees and military personnel. Adjudicators also exist for immigration benefits. An adjudicator (often referred to as
4717-403: The decision he did'. The Hong Kong Court of Final Appeal endorsed the remarks made by the Court of Appeal , and stated that 'Whilst a judge should keep a record of the evidence and submissions, it is not the function of a judgment to be that record. Instead, the primary purpose of a judgment is: to identify the ultimate issues in the case; to set out, qualitatively by reference to the evidence that
4806-431: The decision in question. Furthermore, providing reasons for judgment serves a practical purpose insofar as it necessarily requires the court to engage in thoughtful consideration of the cases presented. However, the Court also noted that the exercise of providing reasons for judgment is contextual and the standard of what is acceptable for a judgment will vary depending on the circumstances. The court appears to propose that
4895-453: The delay in the preparation of the judgment'. The Court of Appeal therefore set aside the decision and ordered a re-trial before another judge of the Court of First Instance . In HKSAR v Yip Kim Po , after a criminal trial lasting over one year, the trial judge (His Honour Judge Kevin Browne) gave Reasons for Verdict with 1,753 paragraphs spanning 465 pages. The Court of Appeal stated that
4984-685: The effect of formally closing the case and terminating any ongoing garnishment arrangements or liens. In Saskatchewan , upon either the satisfaction or withdrawal of a judgment, a judgment debtor can seek a discharge of judgment. If successful, the judgment is removed from the Judgment Registry and detached from any property registered on the Personal Property registry, titles, or interests in land. The requirements for judgments share many similarities and some differences between countries and legal systems . For instance, while
5073-459: The effect of the judgment. Judgments that vary from a standard judgment on the merits of a case include the following: If more than one judge is deciding a case , the judgment may be delivered unanimously or it may be divided into a number of majority, concurring, plurality, and dissenting opinions. Only the opinion of the majority judgment is considered to have precedent -setting weight. Some examples of opinions within judgments include: When
5162-422: The event that the chair is the chief adjudicator of the tournament, they are referred to as "Speaker". Legal judgment In law , a judgment is a decision of a court regarding the rights and liabilities of parties in a legal action or proceeding. Judgments also generally provide the court's explanation of why it has chosen to make a particular court order . Speakers of British English tend to use
5251-426: The facts, the procedure and the claims of the parties, as a narrative ... Such judgments may also be divided to deal with each element of the claim separately." Generally, French judgments are much shorter than their common law counterparts. A court may either provide their judgment at the end of the hearing or defer the judgment to a specified date. If an oral judgment is rendered, it must be read by at least one of
5340-489: The federal level, a judgment is defined in the United States Federal Rules of Civil Procedure as "a decree and any order from which an appeal lies" and does not include "recitals of pleadings, a master's report, or a record of prior proceedings." A judgment must address all of the issues raised with respect to the rights and liabilities of the parties. If a judgment is rendered without addressing all
5429-517: The former refers to the court's justification of its judgment while the latter refers to the final court order regarding the rights and liabilities of the parties. Judgment is considered a "free variation" word, and the use of either judgment or judgement (with an e) is considered acceptable. This variation arises depending on the country and the use of the word in a legal or non-legal context. British, Australian, New Zealand, American, and Canadian English generally use judgment when referring to
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#17327808280795518-844: The hearing. For example, in China Medical Technologies v Samson Tsang Tak Yung , the reasons for judgment, as well as the reserved decision as to costs, were delivered by Mr Justice Barma, JA after a delay of 34 months. Similar delays have also been encountered in cases in the District Court . For example, in Leung Chi Wang v Leung Yui Shing (decided by Deputy District Judge Richard Leung), Kan Yay Shan v Mo You Mut (decided by Deputy District Judge Simon Lui), Golden Field Glass Works v Yeung Chun Keung (decided by Deputy District Judge Timon Shum), and Han Mei Fang v All Occupiers of Flat F, 6th Floor, Kapok Mansion (decided by Deputy District Judge Samson Hung), judgment
5607-417: The individual authorities should decide on the specific age for themselves. A variety of traditions have become associated with the rank or occupation. Gavels (a ceremonial hammer) are used by judges in many countries, to the point that the gavel has become a symbol of a judge. In many parts of the world, judges wear long robes (often in black or red) and sit on an elevated platform during trials (known as
5696-489: The judge's view of the law, and those issues which would be relevant if the judge's view of the law turns out to be wrong. Otherwise, there is a real risk of a complete or partial rehearing being ordered, which would bring the administration of law into disrepute. Further, The Civil Procedure Rules 1998 state that a judgment or order takes effect on the day it is rendered unless the court specifies otherwise and provide additional guidance on different types of judgments. At
5785-548: The judges of Madras HC , Justice K Chandru had banned lawyers from addressing his court as My Lord and Your Lordship . In Israel, the judges ( Hebrew : שופט , romanized : shofét , lit. 'judge') of all courts are addressed as Sir , Madam (Hebrew: אדוני/גבירתי , romanized: adoni/geverti ) or Your Honor (Hebrew: כבודו/כבודה , romanized: kevodo/kevoda ). Typically after every naming you will hear haShofét , meaning "the judge" after
5874-410: The judges who heard the case. Parties to the proceedings are entitled to receive "a certified copy of the judgement imprinted with an order of enforcement." Once a judgment has been executed, it becomes res judicata . A judgment will be enforced once it becomes final subject to some exceptions. A judgment can only be enforced once a certified copy imprinted with an order of enforcement is provided and
5963-422: The judgment creditor is entitled to enforce the judgment 30 years past the judgment date. In California and Saskatchewan, the judgment creditor is entitled to enforce the judgment 10 years past the judgment date subject to exceptions that allow the judgment creditor to renew the enforcement for an additional 10 years. Release of judgments Depending on the jurisdiction, the judgment debtor may be able to obtain
6052-402: The judgment debtor's property or garnishment . Some jurisdictions, like California, also allow for additional enforcement mechanisms depending on the circumstances, such as suspending the judgment debtor's driver's license or professional license. In Germany, a bailiff is responsible for enforcing the judgment and is empowered to use a number of different enforcement mechanisms. In Germany,
6141-417: The last day of the hearing. The Court of Appeal of England and Wales (Civil Division) has affirmed a common law duty to give reasons for a judgment, subject to some exceptions (such as an oral judgment or a summary judgment). The Court also noted that providing reasons for judgment "is a function of due process, and therefore of justice." Interested parties must be able to determine why the court has made
6230-582: The legal aspects on which the decision is based." An appellate court judgment must include the findings of fact in the contested judgment, including any changes or amendments, and the reasons for the court's determination of the appeal. Judgments in most German courts are rendered "in the name of the people". The duty to provide reasons for a judgment is entrenched in Italy 's Constitution . A court's duties regarding judgments are outlined in "民事訴訟法及び民事保全法の" ( Code of Civil Procedure ). The Code states that
6319-405: The legal community and/or the public at large. Written reasons for judgment are not generally provided immediately following the hearing and may take days, weeks, or even months to be released. Types of judgments can be distinguished on a number of grounds, including the procedures the parties must follow to obtain the judgment, the issues the court will consider before rendering the judgment, and
6408-400: The means of challenge or defence [be] brought before the court, highlighting the petitions filed. The details of the circumstances and facts as well as the status of the dispute thus far are to be included by reference being made to the written pleadings, the records of the hearings, and other documents ... [and] a brief summary of the considerations of the facts and circumstances of the case and
6497-482: The office in 2020 and suspension of Pauline Newman in 2023 reinvigorated the discussion about mandatory retirement age for federal judges, but such change would require a constitutional amendment and is unlikely to be implemented soon. States have more flexibility in establishing a mandatory retirement age for judges, as was confirmed by the SCOTUS in its 1991 decision Gregory v. Ashcroft . As of 2015, 33 States and
6586-612: The parties' claims and the grounds on which their claims are based, identifying both the final judgment and the reasons for the judgment. In light of compliance with the rules of the Code and the absence of an appeal, a judgment is presumed to have been executed correctly. Traditional French judgments often consisted of a single sentence wherein the court provided its judgment. However, a drive towards modernization of French judgments has encouraged judges to write much clearer judgments to encourage simplification and accessibility. Modern French judgments generally include "[a] recounting [of]
6675-420: The parties' pleadings, to explain why the parties won or lost, and to allow for meaningful appellate review (in the event that the case may be appealed). With the above guiding principles in mind, Canadian courts must "read [the reasons] as a whole, in the context of the evidence, the arguments and the trial, with an appreciation of the purposes or functions for which they are delivered..." to determine whether
6764-802: The presiding judge of a court is addressed as Signor presidente della corte . In the Netherlands , presiding judges of either sex are, in writing only, addressed edelachtbare ("Your Honour") for judges in the Court of First Instance, edelgrootachtbare ("Your Great Honour") for justices in the Court of Appeal and edelhoogachtbare ("Your High Honour") for justices in the High Council of the Netherlands (Supreme Court). In Poland, presiding judges of either sex during trial are addressed Wysoki Sądzie ("High Court"). In Portugal , presiding judges during trial are addressed as Meretíssimo Juiz when
6853-507: The presiding judge of a court is traditionally addressed as Herr Ordförande or Fru Ordförande , which translate as "Mister Chairman" and "Madam Chairwoman". In the Courts of England and Wales , Supreme Court judges are called Justices of the Supreme Court. Justices of the Supreme Court who do not hold life peerages are now given the courtesy style "Lord" or "Lady". Justices of the Supreme Court are addressed as "My Lord/Lady" in court. In
6942-436: The proceedings, as they generally are in the superior courts, are in English. In Pakistan, judges of the Supreme Court and the High Courts are addressed as Your Lordship or My Lord or Lordship and Your Ladyship or My Lady , a tradition directly attributable to England. There is some resistance to this on religious grounds but more or less continues till this day. In lower courts, judges are addressed as sir , madam or
7031-401: The prosecution and the defense present their case to a jury , often selected from common citizens. The main factfinder is the jury, and the judge will then finalize sentencing. Nevertheless, in smaller cases judges can issue summary judgments without proceeding to a jury trial. In an inquisitorial system (civil law), as in effect in continental Europe, there is no jury and the main factfinder
7120-508: The reasons for judgment are adequate. The reasons must tell the reader why the judgment was made, but do not need to tell the reader how the judge made the decision rendered in the judgment. Provincial rules of civil procedure provide further guidance relating to specific types of judgments. For example: In Mak Kang Hoi v Ho Yuk Wah David , the Hong Kong Court of Final Appeal stated that 'litigants are entitled to have their cases decided with reasonable promptitude'. The Court considered that
7209-528: The regional language concerned. Explaining the rationale behind the move, the Bar Council had held that the words such as My Lord and Your Lordship were "relics of the colonial past". The resolution has since been circulated to all state councils and the Supreme Court for adoption but over five years now, the resolution largely remained on paper. However, in an unprecedented move in October 2009, one of
7298-546: The respective address. For example, Your Honor the Judge would be כבוד השופט ( kevod haShofét ). Biy - elected judges using adat Zheti Zhargy . The Council of biys [ kk ; ru ] was the highest council, a kind of senate . In Malaysia, judges of the subordinate courts are addressed as Tuan or Puan ("Sir", "Madam"), or Your Honour . Judges of the superior courts are addressed as Yang Arif ( lit. ' Learned One ' ) or My Lord , My Lady , etc.; and Your Lordship or My Ladyship if
7387-554: The rights and liabilities, the action is not ended and the claims of the parties may be revised before the entry of a judgment that determines all of the issues raised. A state code of civil procedure provides its own rules relating to judgments in state courts. For instance, California's Code of Civil Procedure provides some general rules regarding the purpose of and requirements for judgments as well as rules relating to summary judgments, default judgments, and interim or interlocutory judgments. The Full Faith and Credit Clause of
7476-401: The same day the Judge retracted the 'incorrect version' and delivered the 'correct version' of the written reasons for judgment. The correction was made before the court order and record had been perfected. The Hong Kong Court of Final Appeal stated that 'It must be reiterated and strongly emphasised that judges at all levels of court have a duty to deliver judgments within a reasonable time after
7565-444: The term at the appellate level as synonymous with judicial opinion . American English speakers prefer to maintain a clear distinction between the opinion of an appellate court (setting forth reasons for the disposition of an appeal) and the judgment of an appellate court (the pronouncement of the disposition itself). In Canadian English , the phrase "reasons for judgment" is often used interchangeably with "judgment," although
7654-403: The transfer of sovereignty from the United Kingdom to China, and as Fat Goon Gok Ha (Hong Kong Cantonese: 法官閣下 , romanized: faat3 gun1 gok3 haa6 , lit. 'Judge, your honour') since 1997. Fat Goon (Hong Kong Cantonese: 法官 , romanized: faat gun1 , lit. 'Judge') means the word "judge". In India , judges of the Supreme Court and
7743-403: The ultimate requirement is the court explaining, in some way, why it has made the decision in question. The UK Supreme Court has stated that where there has been a relatively long and expensive hearing/trial, it is important that the judgment (i) clearly identifies all the issues of fact and expert opinion that are in issue, and (ii) resolves in clear terms all such issues which are relevant on
7832-518: Was 'objectively sound'. Similarly, in Dr Yip Chi Him Roger v Lee Kwok Leung , the trial judge (Mr Justice Louis Chan) delivered his reserved judgment over 32 months after the trial. The Court of Appeal held that 'notwithstanding the regrettable delay in giving judgment, we come to the firm and clear view that the Judge gave cogent and adequate reasons for his findings and there is no error of law or facts in his findings', and dismissed
7921-437: Was handed down between 31 and 33 months after the trial. In Welltus v Fornton Knitting , after a trial which lasted 12 days, the trial judge ( Deputy High Court Judge Ian Carlson) took over 10 months to hand down his reserved judgment. The Court of Appeal held that the trial judge failed to give adequate reasons for his decision and stated that 'the failure to deal with [one of the critical issues was] probably attributable to
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