judicium Dei (joo-dish-ee-[schwa]m dee-I). Hist. God’s supposed judgment on the merits of the case, made manifest by the outcome of an observable event. • Examples dating from Norman times were the trial by combat and the ordeal. See ORDEAL; TRIAL BY COMBAT.
An appeal that occurs before the trial court’s final ruling on the entire case. 28 USCA § 1292(b). • Some interlocutory appeals involve legal points necessary to the determination of the case, while others involve collateral orders that are wholly separate from the merits of the action. See INTERLOCUTORY APPEALS ACT; FINAL-JUDGMENT RULE. [Cases: Appeal
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venire facias (v[schwa]-nI-ree [or -neer-ee or -nIror -neer] fay-shee-[ schwa]s). A writ directing a sheriff to assemble a jury. — Often shortened to venire. — Also termed venire facias juratores (juur-[schwa]-tor-eez). [Cases: Jury 67. C.J.S. Juries § 319.] venire facias ad respondendum (ad ree-spon-den-d[schwa]m). A writ requiring a sheriff to summon a person against whom
A dismissal, usu. after an adjudication on the merits, barring the plaintiff from prosecuting any later lawsuit on the same claim. • If, after a dismissal with prejudice, the plaintiff files a later suit on the same claim, the defendant in the later suit can assert the defense of res judicata (claim preclusion). See RES
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nonsuit, n. 1. A plaintiff’s voluntary dismissal of a case or of a defendant, without a decision on the merits. • Under the Federal Rules of Civil Procedure, a voluntary dismissal is equivalent to a nonsuit. Fed. R. Civ. P. 41(a). — Also termed voluntary discontinuance. [Cases: Federal Civil Procedure 1691; Pretrial Procedure 501. C.J.S.
A judgment for the plaintiff entered after the defendant files an answer, but fails to appear at trial or otherwise provide a defense on the merits. [Cases: Judgment 109. C.J.S. Judgments § 211.]
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answer, n. 1. A defendant’s first pleading that addresses the merits of the case, usu. by denying the plaintiff’s allegations. • An answer usu. sets forth the defendant’s defenses and counterclaims. [Cases: Pleading 76–87. C.J.S. Pleading §§ 159–162, 164, 168–173.] false answer. A sham answer in a pleading. See sham pleading under PLEADING (1). [Cases:
default judgment. 1. A judgment entered against a defendant who has failed to plead or otherwise defend against the plaintiff’s claim. [Cases: Federal Civil Procedure 2411; Judgment 92. C.J.S. Judgments §§ 195–196, 208, 235.] 2. A judgment entered as a penalty against a party who does not comply with an order, esp. an order to
A final determination of a case (against the plaintiff in a civil action or the government in a criminal action) without a trial on its merits. See DISMISSAL. [Cases: Federal Civil Procedure 1837; Pretrial Procedure 694. C.J.S. Dismissal and Nonsuit §§ 48, 80.]
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