final judgment

final judgment
A judgment which determines and disposes of the whole merits of the cause before the court by declaring that the plaintiff is or is not entitled to recovery by the remedy chosen, or completely and finally disposes of a branch of the cause which is separate and distinct from other parts thereof. 30A Am J Rev ed Judgm § 121. A judgment which determines a question in such a manner as to terminate or end the matter so completely as to preclude all future inquiry concerning the truth itself. Re Enger, 225 Minn 229, 30 NW2d 694, 18 ALR2d 1048. A judgment which puts at an end the judicial labor in a cause. Ruth v United States Fidelity & Guaranty Co. (Fla) 83 So 2d 769, 55 ALR2d 541. For any purpose of the application of the doctrine of res judicata:–any judicial decision upon a question of law or fact which is not provisional and subject to change in the future by the same tribunal. Bannon v Bannon, 270 NY 484, 1 NE2d 975, 105 ALR 1401. For the purposes of appeal:–a judgment which terminates the litiga tion between the parties on the merits and leaves nothing to be done but to enforce by execution what has been determined. St. Louis, Iron Mountain & S. R. R. Co. v Southern Express Co. 27 L Ed 638, 108 US 24, 2 S Ct 6. The sentence in a criminal case. Miller v Aderhold, 288 US 206, 77 L Ed 702, 53 S Ct 325. As used in the federal statute conferring jurisdiction on the Supreme Court to review the "final judgment" of a state court, the expression is defined as applying to all judgments and decrees which determine the particular case, that is, such as terminate the litigation between the parties on the merits of the case, so that, in case of affirmance in the federal court, the court below would have nothing to do but to execute the judgment or decree it had already rendered. Georgia R. & Power Co. v Decatur, 262 US 432, 67 L Ed 1065, 43 S Ct 613.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

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  • final judgment — noun a judgment disposing of the case before the court; after the judgment (or an appeal from it) is rendered all that remains is to enforce the judgment • Syn: ↑final decision • Topics: ↑law, ↑jurisprudence • Hypernyms: ↑judgment, ↑judgem …   Useful english dictionary

  • Final Judgment — noun See main entry at Judgment Day …   Wiktionary

  • final judgment —  Последний суд …   Вестминстерский словарь теологических терминов

  • final judgment rule — n: a rule of procedure: an appeal may be taken only after final determination of all issues involved in a case Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. final judgment rule …   Law dictionary

  • final judgment or decree — See final decree; final judgment …   Ballentine's law dictionary

  • final judgment rule — See final decision rule …   Black's law dictionary

  • final judgment rule — See final decision rule …   Black's law dictionary

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