default judgement

Học thuật
Thân thiện
Definition
  1. Noun:
    • A judgment entered in favor of the plaintiff when the defendant defaults (fails to appear in court): A "default judgement" is a legal ruling issued by a court when the defendant in a lawsuit fails to respond to the complaint or fails to appear in court for a scheduled hearing. This judgement is typically in favor of the plaintiff, granting them the relief sought in their complaint.
Usage Examples
  • Noun:
    • The court issued a default judgement after the defendant repeatedly ignored the summons.
    • Without a defense presented, the plaintiff was awarded a default judgement.
Advanced Usage

  • "to enter a default judgement": The formal legal act of a judge or court clerk recording the judgement due to the defendant's failure to act.

    • The judge had no choice but to enter a default judgement against the absent party.

  • "to set aside a default judgement": A legal procedure where a defendant who has had a default judgement entered against them can ask the court to cancel or "vacate" that judgement, usually by showing a good reason for their initial failure to appear or respond.

    • The defendant's attorney filed a motion to set aside the default judgement, citing a medical emergency.
Variants and Related Words
  • Default judgment: An alternative spelling, more common in American English.
  • Judgement by default: A less common phrasing with the same meaning.
  • Default (noun): The failure to fulfill an obligation, especially the failure to meet a financial obligation or to appear in court.
Synonyms
  • Judgement in absentia: A judgement made while the defendant is absent. (Note: This term is often used in criminal contexts in some legal systems, while "default judgement" is typically civil.)
  • Ex parte judgement: A judgement made for one party without the other being present or represented. (Note: This can have a broader application than default judgement.)
Related Phrases
  • Failure to appear: The act of not showing up in court, which is the common cause for a default judgement.
  • Failure to plead: The act of not responding to a legal complaint, which can also lead to a default judgement.
Noun
  1. a judgment entered in favor of the plaintiff when the defendant defaults (fails to appear in court)

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