Judgment (law)

In court proceedings, a judgment is a court decision for which procedural law expressly provides a decision under that designation (example: § 300 (1) ZPO).

A judgment differs from a court order in that a judgment is usually issued on the basis of an oral hearing. This is not a prerequisite for a decision, for example in the case of urgent decisions in interim legal protection (example: Section 80 (7) VwGO). Judgments are contestable by appeal and revision, whereas orders are contestable by appeal. A judgment is therefore not automatically final at first instance.

Orders, on the other hand, do not have the effect of terminating a court, but are instruments of internal procedural management. Unlike judgments, which in collegial courts are made by the full court, orders can also be made by a single judge without the participation of his or her colleagues (example: § 80 (8) VwGO), as can orders, for example by the rapporteur alone.

However, judgments, orders and decrees have in common that they are pronounced unilaterally by the court. In contrast, settlements and other compromises represent an autonomous, amicable agreement between the litigants.

A harsh sentence is colloquially known as a verdict (from Middle Latin verdictum "true sentence", to Latin vere dictum "truly spoken").

See also

• Judgment (Germany)
• Judgment (Austria)