Verdict和Judgment的区别
2020-04-05 10:03阅读:
总结:
1. 陪审团认定的结果叫“verdict”;法官做出的决定叫“judgment”,如民事判决书(criminal judgment),刑事判决书(criminal
judgment)。
2. 相应的审判叫陪审团审判(jury
trial),法官审判
(bench trial /court trial)。
3. 法官的判决分很多种,包括缺席判决(或不应诉判决)(default judgment)、宣告式判决(declaratory
judgment),即决判决(或简易判决)(summary judgement)。
Differences Between a Verdict and a
Judgment
By: Cara O'Neill
One easy rule of thumb when it comes to understanding the
differences between verdicts and judgments is to remember that a
jury’s decision is a verdict, whereas a judge renders a judgment.
However, it does not stop there because there are many different
types of judgments that a judge can make -- and even if you get a
verdict or judgment, if the court clerk does not enter it, it has
no binding effect whatsoever. It is as though it never
happened.
Civil Case versus Criminal
Case
In a civil case, an individual or business asks for money to
compensate for harm caused by the defendant. Examples of civil
cases include motor vehicle accidents and contract disputes. In a
criminal case, however, a representative of the government, such as
a district attorney or attorney general, seeks jail or prison time
to punish an alleged criminal. Murder, driving under the influence
of alcohol and certain types of fraud are examples of criminal
cases.
Jury Trial versus Court
Trial
In both civil and criminal cases, the defendant has the right
to choose between a jury and a court trial. In a jury trial, a
panel of jurors listens to the evidence and decides the fate of the
defendant. The jury’s decision is called a verdict. In contrast, in
a court trial, the judge listens to the evidence and renders a
judgment.
Types of Judgments
A judge can make several different types of judgments during
the course of a lawsuit and each has its own name. For example, if
someone does not respond to a lawsuit and the suing party wins by
default, the court’s judgment is called a default judgment. If the
parties ask the judge to determine the contractual responsibilities
of the parties, the court’s determination is called a declaratory
judgment. If the judge reviews all the evidence in motion form, and
determines that there really is not a dispute that needs deciding,
the judge grants a summary judgment. There are more types of
judgments, but in most cases, the judge does not issue one of these
judgments unless asked to do so by one of the parties.
Entry of a Verdict or
Judgment
For a verdict or judgment to become final, it is not enough
for a jury to inform the court of its verdict, or even for a judge
to render a decision. Neither have any weight until the court clerk
enters the verdict or judgment into the court record.