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Questions tagged [judgment]

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5 votes
2 answers
1k views

Could one get a declaratory judgement on which parts of the Constitution *are* self-executing?

It has recently been determined by a controversial Supreme Court decision that Section 3 of the 14th Amendment is to be enforced by legislation drafted for the purpose by Congress, and not by the ...
2 votes
1 answer
228 views

Why don't US courts use numbered paragraphs?

Many, if not indeed most, jurisdictions' (eg Germany, the UK, Australia, Canada, the Court of Justice of the European Union, and the European Court of Human Rights) courts make use of numbered ...
0 votes
1 answer
218 views

Do general forms of judgments require judicial names or signatures?

Does Form N24 of the county court (general form of judgment or order) require a judge’s name or signature? If so, then what is the effect of one missing them? Does it have any implications on the ...
0 votes
2 answers
61 views

What is the consensus on retrospective operation of judgments?

I am working on a project whereby I in a particular section I am required to argue against the possible retrospective operation of a judgment of the Supreme Court of a fictional nation. Since there is ...
-1 votes
1 answer
89 views

Motion to strike a dismissed PO

How can a plaintiff avoid being faced with unfair prejudice after a defendant does a motion to strike all evidence from a dismissed PO? Since without the evidence the plaintiff can't defend their ...
1 vote
1 answer
24 views

How is a US state court's jurisdiction over a case dismissed without prejudice impacted within the context of a private settlement agreement?

Context: The text in quotes below is an excerpt from a hypothetical Private Settlement agreement between a Defendant (debtor) and Plaintiff (original creditor) in a state district court (United States)...
1 vote
2 answers
238 views

Standing in court to collect based on "assignment of judgment" not filed in Court of Origin

Can private counsel or a collection agency "Register" a California state judgment in Federal Court for collection, and use an affidavit of "assignment of judgment" as proof of ...
1 vote
3 answers
196 views

Why do UK Supreme Court Justices read aloud their judgments?

All UKSC (and Privy Council) judgments are published and can be read and downloaded for free. So why do Justices read parts of them aloud, as you can see on UKSC's official YouTube channel? I'd ...
7 votes
2 answers
378 views

What happens if an expert witness admits he lied in a case

This happened in in 2004, in Germany, in a very small town. I don’t speak the language and relied on my English speaking lawyer and my bilingual gf. On the night before the court date, my lawyer told ...
2 votes
1 answer
81 views

Does fraudulent conveyance only apply to bankruptcy?

Say creditor has a judgement and before the judgment I transferred assets to someone else. Can the creditor go after the fraudulently conveyed assets? Or is that only for bankruptcy?
4 votes
4 answers
1k views

What's the purpose of large judgments against a defendant that clearly can't pay?

A few years ago I was on the jury of a civil trial wherein we ruled that the defendant should pay millions of dollars to the plaintiff. They were found guilty in the criminal trial and were not ...