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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. [117] Default judgment: a default judgment is rendered based on the defendant's acknowledgment of their actions. A default judgment does not need to address ...
Judgment on the pleadings is a motion made after pleading and before discovery; summary judgment happens after discovery and before trial; JMOL occurs during trial. [ 5 ] In United States federal courts , JMOL is a creation of Rule 50 of the Federal Rules of Civil Procedure .
Generally, the Court's decision is the opinion which a majority (five or more) of justices have joined. In rare instances, the Court will issue a plurality opinion in which four or fewer Justices agree on one opinion, but the others are so fractured that they cannot agree on a position. In this circumstance, in order to determine what the ...
"Foreign" judgments (meaning those judgments obtained in other states) may be domesticated under the terms of the Uniform Enforcement of Foreign Judgments Act, which Virginia has adopted. [1] The holder of a foreign judgment must register the judgment with the clerk of the court in the jurisdiction where the creditor wishes to levy the judgment ...
Angelo Gambiglioni, De re iudicata, 1579 Res judicata or res iudicata, also known as claim preclusion, is the Latin term for judged matter, [1] and refers to either of two concepts in common law civil procedure: a case in which there has been a final judgment and that is no longer subject to appeal; and the legal doctrine meant to bar (or preclude) relitigation of a claim between the same parties.
A petition for certiorari before judgment, in the Supreme Court of the United States, is a petition for a writ of certiorari in which the Supreme Court is asked to immediately review the decision of a United States District Court, without an appeal having been decided by a United States Court of Appeals, for the purpose of expediting the proceedings and obtaining a final decision.
Whether § 2244(b)(2) applies (i) only to habeas filings made after a prisoner has exhausted appellate review of his first petition, (ii) to all second-in-time habeas filings after final judgment, or (iii) to some second-in-time filings, depending on a prisoner's success on appeal or ability to satisfy a seven-factor test.
In law, a motion to set aside judgment is an application to overturn or set aside a court's judgment, verdict or other final ruling in a case. [1] [2] Such a motion is proposed by a party who is dissatisfied with the result of a case. Motions may be made at any time after entry of judgment, and in some circumstances years after the case has ...