Also known as:arrets · arretted · judgment · decree
Written by attorneys · grounded in primary & secondary sources — see below
A formal decision or order issued by a court that resolves the legal issues presented in a case and determines the rights and obligations of the parties.
Sources & Authorities· 40 primary sources
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Cases
Statutes
How it applies
Common Examples
6
Foreclosure Deficiency Arises
Ava Adebayo defaulted on her mortgage held by Argonaut Shipping after missing several payments. The property sold at foreclosure for less than the outstanding debt. The resulting arret allowed the mortgagee to pursue a deficiency judgment against Ava for the shortfall under applicable state law.
New Trial Granted on Motion
Antonio Alvarado was convicted after a jury trial. His lawyer filed a timely motion citing newly discovered evidence that undermined key testimony. The court issued an arret vacating the judgment and ordering a new trial in the interest of justice.
Austin Abbott presided over a contract dispute involving a company in which his spouse held a significant financial stake. Recognizing the conflict, the judge entered an arret recusing himself to avoid any appearance that personal interests affected the outcome.
Third-Party Fee Arrangement Approved
Alexis Archer represented a client in litigation where a family member agreed to pay the legal fees. The lawyer obtained the client's informed consent and confirmed no interference with professional judgment before accepting the arrangement under the governing arret standards.
Case Remanded After Removal
Andrew Avery sued in state court and the defendant removed the action to federal district court. The plaintiff moved to remand within thirty days citing a procedural defect in the notice. The court issued an arret remanding the case and awarding costs incurred from the improper removal.
Seller Holds Goods Pending Judgment
Apollo Energy sued a buyer for the contract price after the buyer accepted identified goods but failed to pay. The court entered an arret for the price while requiring the seller to hold the goods for the buyer and credit any later resale proceeds against the judgment.
Common questions
Frequently Asked
3
What happens when a foreclosure sale produces a deficiency?+
The mortgagee may obtain a deficiency judgment against the mortgagor unless state law prohibits or limits such judgments. The arret determines the amount of the shortfall and enforces collection rights.
When may a court grant a new trial in a criminal case?+
A court may vacate the judgment and order a new trial if the interest of justice requires it. The arret reflects the court's determination that fairness demands retrial rather than upholding the original verdict.
How does judicial ethics constrain a judge's decision making?+
A judge must not allow family, social, political, financial, or other relationships to influence judicial conduct or judgment. The resulting arret must be free from any such improper influence.
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.…