Definition of Final Judgment
Miscellanea / / July 04, 2021
By Javier Navarro, in Jul. 2014
Judges are responsible for judging legal disputes between two people or litigants. In the development of a trial, the opposing parties (plaintiff and defendant) present their arguments through their corresponding lawyers. Meanwhile, the judge he gets to know the facts in depth. Finally, the judge or a qualified court must issue a judgment, a resolution final for or against one of the two parties. This final resolution is the sentence. In it, a series of legal reasoning is presented. In the conclusion final (operative part) the judge issues a ruling. This is the general idea of a sentence.
There are several types of sentences. They can be acquittal when the judge agrees with the defendant. It is condemnatory when the reason is in favor of the plaintiff.
In general, the right It contemplates the possibility that the litigants can resort to another court to have the case reviewed. This is what is called a resource. In the event that the law Establish that it is not possible to file an appeal, the sentence will be considered final. To have this consideration, the law that applies in the judgment must expressly indicate it. In addition, another requirement for the sentence to be final is that the litigants have missed the established deadlines to file an appeal.
Thus, the final judgment is final. The ruling is final and must be applied as specified by the judge in its resolution. The origin of the final judgment comes, like most legal situations, from the Roman Law. The purpose of the final judgment is to avoid a new trial, understanding in this way that both parties are protected.
The idea of a final judgment is clear: that there cannot be a new trial. Despite this, the legislation of most countries contemplates the possibility of reviewing a final judgment. The first requirement to do so is that one of the parties apply to a higher court, usually the Supreme Court. This body has the power to reopen the case and, therefore, annul the final judgment if any of the following requirements are met: the appearance of new relevant data, the demonstration of the falsity of the data or of the testimonies of the experts or some type of irregularity (bribery, for example) that justifies the annulment of the original final judgment.
Issues in final judgment