Difference of the court decision from other acts of...

Difference of the judicial decision from other acts of the courts of first instance

The first distinctive feature of the court decision is related to its characterization as a law enforcement act. The judgment is inherent in the universal nature of law enforcement, which manifests itself in the fact that the court, applying the essence of the claimed claim, applies the rules of substantive and procedural law. The object of the court decision is the requirement of the person concerned to protect the subjective rights, freedoms, legitimate interests of the subjects of material legal relations, clothed in the form of a statement of claim for cases of lawsuit proceedings or application - for public or special types of civil proceedings.

As we have already explained, a court order and a court ruling are also acts of application of the rule of law. A court order, as well as a judgment, is an act of applying the rules of substantive and procedural law. The definition of the court with some exceptions is an act of applying exclusively the rules of procedural law.

The object of the court order is the claim of the recoverer about the judicial protection of the violated right, vested in the form of the application, considered in the order of the order production. The object of the determination will be not a requirement for the protection of subjective rights, as in the case of a court decision, but applications and applications for the performance by the court of certain procedural actions that, in the applicant's opinion, are connected, for example, with the investigation of the necessary evidence in the case (an application for interrogation of a witness ) or with the prevention of the impossibility of real execution of a future court decision (application for securing the claim).

The second distinctive feature of the court decision is connected with its difference from the court order. The court decision protects any subjective rights, freedoms, legitimate interests. Judicial order is only subjective rights, arising from a clearly defined list of requirements. The court decision is made in the proceedings and proceedings from public legal relations, where the dispute about the law is resolved, or questions of normative control, as well as in special proceedings in the absence of a dispute over the law. The court order is issued only on indisputable categories of cases; If it turns out that there is a dispute about the law, the use of mandative proceedings, which can result in a court order, is impossible.

The procedural consequences of the issued acts make it possible to distinguish the third distinctive feature of the judicial decision. The decision concludes the examination of the case on the merits; further, the parties may initiate various types of verification of this decision in higher courts. After acquaintance of the debtor with the issued judicial order, the debtor can easily achieve its cancellation without even indicating the reasons for disagreement with the issued order, but only submitting objections to its execution. In this case, the applicant's claim will be re-examined by the first-instance court, but already in the ordinary lawsuit procedure. The court's rulings, as a rule, do not finish the consideration of the case, therefore, the procedure for canceling and appealing the definitions is different. Among the many definitions, only a few can be appealed to a higher court separately from the decision on the case, and these rules are clearly fixed in the CCP of the US and the US APC. In accordance with Art. 331 CCP United States, art. 188 of the US APC, the court's decision can be appealed separately from the decision that ends the examination of the case on the merits, only in cases where the code directly provides for the possibility of appealing against such a determination and if this definition hinders the further movement of the case.

The next feature is related to the fact that it is possible to speak about the court decision and the court order in the singular; in the case, only one act of this kind can be carried out. As for the definitions, they can be rendered several in the same case in the course of its consideration.

It is also possible to identify similarities and differences between a court decision, a court order and a definition in a circle of subjects who can make acts, both at their place of issuance, and in the form of these judicial acts.

Also We Can Offer!

Other services that we offer

If you don’t see the necessary subject, paper type, or topic in our list of available services and examples, don’t worry! We have a number of other academic disciplines to suit the needs of anyone who visits this website looking for help.

How to ...

We made your life easier with putting together a big number of articles and guidelines on how to plan and write different types of assignments (Essay, Research Paper, Dissertation etc)