Also known as:arrêts · arret · arrets · judgment · court decision
Written by attorneys · grounded in primary & secondary sources — see below
A judgment, sentence, or decree of a court with competent jurisdiction.
Sources & Authorities· 40 primary sources
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Cases
Statutes
How it applies
Common Examples
6
Deficiency Judgment After Foreclosure
Alliance Holdings obtained a foreclosure sale of mortgaged property that fetched less than the outstanding debt. The mortgagee then moved the court for an arrêt awarding the shortfall against the mortgagor. The court issued the arrêt because state law permitted deficiency judgments and the sale price had not satisfied the full obligation.
New Trial Granted in Criminal Case
After conviction, Antonio Alvarado moved under the rule for an arrêt vacating the judgment and ordering a new trial. The court found that the interest of justice required relief and therefore entered the arrêt granting the motion.
A judge's financial relationship with a litigant came to light during proceedings. The reviewing body issued an arrêt finding that the relationship had improperly influenced the judge's conduct and ordering appropriate sanctions.
Fee Arrangement Approved by Court
A third party sought to pay counsel fees for a client. The court entered an arrêt confirming that the arrangement left the lawyer's professional judgment independent and the client-lawyer relationship intact.
Remand Order Entered for Procedural Defect
A defendant removed a case to federal court more than thirty days after service. The district court issued an arrêt remanding the action because the removal was untimely and awarding costs to the plaintiff.
Seller Awarded Price and Holds Goods
After the buyer repudiated, Aurora Biotech sued for the contract price of identified goods still in its control. The court entered an arrêt awarding the price and directing the seller to hold the goods for the buyer pending satisfaction of the judgment.
Common questions
Frequently Asked
1
What does arrêt mean in civil-law jurisdictions?+
It denotes a formal judgment or decree rendered by a court of competent jurisdiction.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…than by any other person. It was doubted whether an action of detinue would be a specific legal remedy for the commission. The judgment in detinue is for the thing itself or its value. The value of a public office not to be sold is incapable of being ascertained; the applicant has a right to the office itself or to nothing.…