Legal Judgments Overview

Shortcut Judgments

• Shortcut judgments include summary judgments, default judgments

Types of Judgments

• Default Judgment: Occurs when a defendant fails to appear in court, fails to respond to a legal document or is barred from doing so, or fails to appear at trial.
• Summary Judgment: Occurs when a defendant makes a claim that lacks merit. A summary judgment is only permissible under specific circumstances: if based on a liquid document, for liquidated amount of money owed, or for delivery of specified property or in cases of ejectment.
• Confession or consent to judgment: A defendant may admit to the accuracy of the case.

Judgment after Default of Plea

• In the High Court (HC), a notice of the default of plea must be issued in the stipulated timeframe to the party that did not appear.
• A party is barred from appearing after failing to respond within a given time.
• Default judgment for High Court (HC) and for the Master Court (MC) are similar.

Applying for Default Judgment

• Application to HC depends if the claim is related to debt or a liquidated demand.
• If not debt or liquidated demand, the court considers other options.
• If an application is related to debt or to a liquidated claim, the plaintiff must file a written application using a prescribed form.

Unliquidated Claims

• The plaintiff sets down an application.
• The plaintiff must prove the claim.
• The court allows the plaintiff to present evidence about the amount owed.
• If the defendant does not appear, the court issues a notice

Application to High Court (HC) Rule 32 & MC Rule 14

• The application must be made within 15 days of delivery of the plea
• The application is set within 15 days of delivering the request.
• Opposing affidavits have to be delivered 5 days prior to the hearing.
• A liquid document must be attached to an application, if the claim is based on a liquid document.
• The applicant's arguments must be limited to the facts.

Default Judgment (MC)

• Plaintiff's request for a default judgment includes notice.
• Take notice that the defendant failed to appear.

Summary Judgment

• Application: The initial step in obtaining a summary judgment.
• Supporting Affidavit: Evidence to support the summary judgment request from the plaintiff
• Response to Application: The opposing argument presented by the Defendant to oppose the summary judgment.
• Hearing: The court session where the judgment is decided.
• Special Order: An order from the court concerning the case.
• Usual Order: The standard order granted when a summary judgment is approved
• Costs: Court-related expenditure.

This quiz covers various types of legal judgments, including default judgments and summary judgments. Learn how these decisions are made, the circumstances under which they apply, and the processes involved in issuing them. Ideal for law students and professionals seeking a deeper understanding of judgment procedures.