AmateurScientist
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Inspired by another thread, I thought I'd start one where anyone who might be interested can ask questions they might have about how courts work in the English common law or American systems, or about legal terminology they aren't quite sure about. Maybe they have a lingering question they've wanted to ask for some time, but don't have a lawyer handy to ask, and it's not worth paying one for -- that kind of thing. Please note that I cannot and will not give legal advice applicable to a particular case, nor should anyone else here. I'll discuss matters in general terms. Always seek the advice of a competent, licensed attorney in your own jurisdiction should you need legal assistance.
So I'll start. This basic topic came up in another thread, but I declined to answer my own rhetorical question in it. I'll ask it again here and answer it.
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Q: What's the difference between a verdict and a judgment?
A: Cases in court may be tried before a judge and a jury, or before a judge alone. The former is called a jury trial, the latter a bench trial.
When a case is tried before a jury, the duties in deciding the outcome of the case are split between the judge and the jury. The judge decides matters of law -- what evidence is admissible, whether to sustain or overrule an objection, what matters are relevant and material to the case, whether a juror can be struck for cause, whether the plaintiff has met his or her burden of proving a prima facie case, among other such questions of law. Furthermore, at the conclusion of all the evidence, and after both sides have made their closing arguments, the judge instructs the jury as to what the law is which is applicable to the case. He or she explains the relevant law to the jurors, often putting it in the context of the case, but being careful not to suggest the jury should decide the case one way or the other. The judge must remain impartial in that regard and not choose sides. The judge also tells the jury what possible verdicts it may return, and answers any questions about the law the jurors may ask during deliberations (and the lawyers have a right to be present when the judge answers the questions).
The jury's duty in the case is to decide matters of fact. The jury's duties include looking at and listening to all the evidence presented during the case, listening to the arguments made by the lawyers, listening to the instructions of law given by the judge, and then deliberating amongst themselves about the case. The jury must weigh all the evidence, consider the arguments the lawyers made, consider the law as the judge told it to them, and decide what the facts are and how to apply the law to those facts. Once they have reached a verdict agreed upon by the required number of jurors (which must be all of them in some jurisdictions, but can as little as a simple majority in other jurisdictions for civil cases), they inform the judge's bailiff, court reporter, or assistant they have reached a verdict. Their verdict is then read in open court with the judge, the lawyers, and all the parties present.
A verdict is the final, formal decision in a case made by a jury. Judges do not render verdicts. The word derives from the Latin term veredictum and means "to say the truth." Thus, collectively, the jurors decide what is true in a case.
After the verdict, the judge enters a formal judgment based on the jury's verdict. The judgment is the order of the court and is the thing that governs the parties to the case. In a criminal case, a verdict of not guilty rendered by the jury would result in a judgment acquitting the defendant. A verdict of guilty would result in a judgment finding the defendant guilty, and the judgment would be complete upon the judge's sentencing the defendant appropriately, often after a separate investigation and hearing on the issue of the appropriateness of the sentence. A defendant adjudged to be guilty may appeal his conviction to a higher court, alleging that the trial court committed some error before or during the trial which resulted in some prejudice to the defendant's case. The state may not appeal a judgment based on a verdict of not guilty. If a defendant is acquitted at trial, that's the end of the case.
In a civil case, a verdict in favor of the plaintiff and awarding him $100,000 would result in the judge's entering a judgment against the defendant in favor of the plaintiff for $100,000. A verdict in favor of the defendant means the jury found the plaintiff is not entitled to any relief, or that the plaintiff failed to prove the elements of his or her claim against the defendant, or perhaps even that the plaintiff proved the case, but that the defendant had a satisfactory defense or legal excuse for his or her conduct. The judge would then enter a judgment for the defendant. In a civil case, the losing party may appeal the verdict and judgment to a higher court (and it gets tricky, because even the prevailing party may appeal the sufficiency of the award, for instance, and I won't even mention counterclaims and how a jury can actually find for both parties and against both parties at the same time).
OK, to sum that up, a verdict is the final, formal set of findings of fact and the application of the law to those facts rendered by a jury in either a criminal or civil case tried in a court of law.
A judgment is the formal order of the court entered by the judge and based upon and consistent with the jury's verdict when a case is tried before a jury.
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Contrast the above with cases tried before just a judge, as is common in many kinds of civil cases, and in criminal cases involving misdemeanors. When a judge hears a case, the judge has to assume and perform both duties I described above. Therefore, the judge acts as the trier of fact (he decides the facts, just like the jury does during the process of deliberating) and decides matters of law. A judge renders a judgment (not a verdict) based on his or her findings of fact and the application of the law to those facts. The judge then enters a formal judgment incorporating the same.
Final recap: Verdict = rendered at the end of the case by a jury
Judgment = a) entered by judge based on a jury's verdict (in a case tried before a jury, presided over by the judge); b) rendered and entered by a judge in a case tried to a judge in a bench trial.
I hope someone found this informative. Please feel free to post your own questions, and if you are a lawyer or a well-informed citizen, feel free to answer them. Just try to ensure your answers are correct statements about the law or court procedures, and try to be clear.
AS
So I'll start. This basic topic came up in another thread, but I declined to answer my own rhetorical question in it. I'll ask it again here and answer it.
*****************************
Q: What's the difference between a verdict and a judgment?
A: Cases in court may be tried before a judge and a jury, or before a judge alone. The former is called a jury trial, the latter a bench trial.
When a case is tried before a jury, the duties in deciding the outcome of the case are split between the judge and the jury. The judge decides matters of law -- what evidence is admissible, whether to sustain or overrule an objection, what matters are relevant and material to the case, whether a juror can be struck for cause, whether the plaintiff has met his or her burden of proving a prima facie case, among other such questions of law. Furthermore, at the conclusion of all the evidence, and after both sides have made their closing arguments, the judge instructs the jury as to what the law is which is applicable to the case. He or she explains the relevant law to the jurors, often putting it in the context of the case, but being careful not to suggest the jury should decide the case one way or the other. The judge must remain impartial in that regard and not choose sides. The judge also tells the jury what possible verdicts it may return, and answers any questions about the law the jurors may ask during deliberations (and the lawyers have a right to be present when the judge answers the questions).
The jury's duty in the case is to decide matters of fact. The jury's duties include looking at and listening to all the evidence presented during the case, listening to the arguments made by the lawyers, listening to the instructions of law given by the judge, and then deliberating amongst themselves about the case. The jury must weigh all the evidence, consider the arguments the lawyers made, consider the law as the judge told it to them, and decide what the facts are and how to apply the law to those facts. Once they have reached a verdict agreed upon by the required number of jurors (which must be all of them in some jurisdictions, but can as little as a simple majority in other jurisdictions for civil cases), they inform the judge's bailiff, court reporter, or assistant they have reached a verdict. Their verdict is then read in open court with the judge, the lawyers, and all the parties present.
A verdict is the final, formal decision in a case made by a jury. Judges do not render verdicts. The word derives from the Latin term veredictum and means "to say the truth." Thus, collectively, the jurors decide what is true in a case.
After the verdict, the judge enters a formal judgment based on the jury's verdict. The judgment is the order of the court and is the thing that governs the parties to the case. In a criminal case, a verdict of not guilty rendered by the jury would result in a judgment acquitting the defendant. A verdict of guilty would result in a judgment finding the defendant guilty, and the judgment would be complete upon the judge's sentencing the defendant appropriately, often after a separate investigation and hearing on the issue of the appropriateness of the sentence. A defendant adjudged to be guilty may appeal his conviction to a higher court, alleging that the trial court committed some error before or during the trial which resulted in some prejudice to the defendant's case. The state may not appeal a judgment based on a verdict of not guilty. If a defendant is acquitted at trial, that's the end of the case.
In a civil case, a verdict in favor of the plaintiff and awarding him $100,000 would result in the judge's entering a judgment against the defendant in favor of the plaintiff for $100,000. A verdict in favor of the defendant means the jury found the plaintiff is not entitled to any relief, or that the plaintiff failed to prove the elements of his or her claim against the defendant, or perhaps even that the plaintiff proved the case, but that the defendant had a satisfactory defense or legal excuse for his or her conduct. The judge would then enter a judgment for the defendant. In a civil case, the losing party may appeal the verdict and judgment to a higher court (and it gets tricky, because even the prevailing party may appeal the sufficiency of the award, for instance, and I won't even mention counterclaims and how a jury can actually find for both parties and against both parties at the same time).
OK, to sum that up, a verdict is the final, formal set of findings of fact and the application of the law to those facts rendered by a jury in either a criminal or civil case tried in a court of law.
A judgment is the formal order of the court entered by the judge and based upon and consistent with the jury's verdict when a case is tried before a jury.
*********************
Contrast the above with cases tried before just a judge, as is common in many kinds of civil cases, and in criminal cases involving misdemeanors. When a judge hears a case, the judge has to assume and perform both duties I described above. Therefore, the judge acts as the trier of fact (he decides the facts, just like the jury does during the process of deliberating) and decides matters of law. A judge renders a judgment (not a verdict) based on his or her findings of fact and the application of the law to those facts. The judge then enters a formal judgment incorporating the same.
Final recap: Verdict = rendered at the end of the case by a jury
Judgment = a) entered by judge based on a jury's verdict (in a case tried before a jury, presided over by the judge); b) rendered and entered by a judge in a case tried to a judge in a bench trial.
I hope someone found this informative. Please feel free to post your own questions, and if you are a lawyer or a well-informed citizen, feel free to answer them. Just try to ensure your answers are correct statements about the law or court procedures, and try to be clear.
AS
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