In law, a judgment, also spelled judgement, 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 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 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.
Spelling
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 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.
Who renders a judgment
Decisions of a quasi-judicial body and administrative bodies may be colloquially referred to as "judgments." However, these decisions can be distinguished from judgments as the legal definition of judgment contemplates decisions made by judges in a court of law. Therefore, even if a quasi-judicial or administrative body considers questions of law, its decisions might not be referred to as judgments.
Form of judgments
A judgment may be provided either in written or oral form depending on 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 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
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 the effect of the judgment. Judgments that vary from a standard judgment on the merits of a case include the following: