Deminor Wiki - Judgments and Awards

Types of Ownership Structures

Default Judgment

A default judgment is issued when one party fails to respond to a lawsuit or appear in court. This judgment is typically in favour of the plaintiff, as the defendant has not contested the claims.

Summary Judgment

A summary judgment is granted when the court determines that there are no genuine disputes of material fact and the moving party is entitled to judgment as a matter of law. This can be requested by either party and is based on the evidence presented without a full trial.

Judgment on the Pleadings

A judgment on the pleadings is issued when the court decides a case based solely on the pleadings submitted by both parties, without considering any additional evidence. This occurs when there are no disputed facts requiring a trial.

Declaratory Judgment

A declaratory judgment provides a binding determination of the parties' legal rights and obligations without ordering any specific action or awarding damages. It is often used to resolve legal uncertainties.

Consent Judgment

A consent judgment is a settlement agreement between the parties that is approved and entered by the court. This judgment has the same legal effect as a court-rendered judgment but is based on the parties' agreement.

Final Judgment

A final judgment resolves all the issues in a case and leaves nothing else for the court to address. It is the court's final decision on the merits of the case, from which parties may appeal.

Interlocutory Judgment

An interlocutory judgment, or interim judgment, addresses certain issues in a case but does not resolve the entire case. It is issued during the course of litigation to address specific matters, such as preliminary injunctions or temporary relief.

Types of Awards

Monetary Awards

Monetary awards involve the payment of a specific sum of money to compensate for damages or losses. These can include compensatory damages, punitive damages, and statutory damages.

Compensatory Damages: Intended to compensate the plaintiff for actual losses suffered, such as medical expenses, lost wages, and property damage.

Punitive Damages: Awarded to punish the defendant for particularly egregious conduct and to deter similar behaviour in the future.

Statutory Damages: Set by statute and awarded in certain types of cases, such as copyright infringement or consumer protection violations.

Equitable Awards

Equitable awards involve non-monetary remedies aimed at ensuring fairness and justice. These can include injunctions, specific performance, and declaratory relief.

Injunctions: Court orders requiring a party to do or refrain from doing a specific act. Injunctions can be temporary (preliminary) or permanent.

Specific Performance: Orders a party to perform their contractual obligations, typically used in cases involving unique goods or real estate.

Declaratory Relief: A court declaration of the parties' rights and obligations without ordering any specific action.

Costs and Fees Awards

Courts may award costs and attorney's fees to the prevailing party to cover the expenses incurred during litigation. This can include filing fees, deposition costs, and expert witness fees.

Enforcing Judgments and Awards

Domestic Enforcement

In the jurisdiction where the judgment or award was issued, the prevailing party can take steps to enforce it. This may involve garnishing wages, seizing assets, or placing liens on property.

Foreign Enforcement

To enforce a judgment or award in a different jurisdiction, the prevailing party must have it recognised by the courts in that jurisdiction. This often involves complying with local laws and may require a separate legal action.

Arbitration Awards

Arbitration awards are enforced similarly to court judgments. Under international treaties like the New York Convention, arbitration awards are recognised and enforceable in many countries, facilitating cross-border enforcement.1

Key Considerations

Finality and Certainty

Judgments and awards provide finality and certainty to legal disputes, allowing parties to move forward with their lives and businesses.

Legal Precedents

Judgments, especially from higher courts, can set legal precedents that influence future cases and guide the interpretation of laws. Judicial precedent, also known as case law, is a cornerstone of common law systems, where past judicial decision serve as binding or persuasive authority for future cases with similar acts. This is in contrast to civil law jurisdictions, which typically rely on established codes and statutes.

Compliance and Good Faith

Parties are expected to comply with judgments and awards in good faith. Failure to do so can result in additional legal actions and penalties.

Cross-Border Implications

In an increasingly globalised world, cross-border enforcement of judgments and awards is a critical consideration. International treaties and agreements facilitate this process but also require careful navigation of different legal systems.

Deminor Wiki - Judgments and Awards

What do we mean when we say "Judgments and Awards"?