void judgment
void judgment 无效判决 自始不发生任何法律效力的判决。其权利受该判决影响的任何人可在任何时间、任何地点直接地或附带地宣布其无效。法院在对标的或当事人无管辖权，或违反法律规定的正当程序等情况下所作的判决都属无效判决。
Search Results for: void judgment
void judgment
A judgment that has no legal force or effect, the invalidity of which may be asserted by any party whose rights are affected at any time and any place, whether directly or collaterally. • From its inception, a void judgment continues to be absolutely null. It is incapable of being confirmed, ratified, or enforced in
judgment void on its face
judgment void on its face 表面上无效的判决 通过查阅判决案卷〔judgment roll〕即可明显认定其无效。
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voidable judgment
A judgment that, although seemingly valid, is defective in some material way; esp., a judgment that, although rendered by a court having jurisdiction, is irregular or erroneous. [Cases: Judgment 27, 353, 501. C.J.S. Judgments §§ 308, 526, 546, 549.]
voidable judgment
voidable judgment 可撤销判决 指表面上看起来有效，但实际上缺少某些重要方面的判决。可撤销判决是错误判决，应予推翻或撤销，但在其被推翻或撤销之前仍具有拘束力。
erroneous judgment
A judgment issued by a court with jurisdiction to issue it, but containing an improper application of law. • This type of judgment is not void, but can be corrected by a trial court while the court retains plenary jurisdiction, or in a direct appeal. — Also termed judgment in error. See ERROR(2).
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voidable marriage
A marriage that is initially invalid but that remains in effect unless terminated by court order. • For example, a marriage is voidable if either party is underage or otherwise legally incompetent, or if one party used fraud, duress, or force to induce the other party to enter the marriage. The legal imperfection in such
motion for relief from the judgment
motion for relief from the judgment. A party’s request that the court correct a clerical mistake in the judgment — that is, a mistake that results in the judgment’s incorrectly reflecting the court’s intentions — or relieve the party from the judgment because of such matters as (1) inadvertence, surprise, or excusable neglect, (2) newly
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annulment
annulment ([schwa]-n[schwa]l-m[schwa]nt), n. 1. The act of nullifying or making void; VOIDANCE. 2. A judicial or ecclesiastical declaration that a marriage is void. • An annulment establishes that the marital status never existed. So annulment and dissolution of marriage (or divorce) are fundamentally different: an annulment renders a marriage void from the beginning, while dissolution