Written by attorneys · grounded in primary & secondary sources — see below
The dispositive portion of a judicial judgment that contains the court's mandate or order.
Sources & Authorities· 40 primary sources
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Cases
Statutes
How it applies
Common Examples
6
Foreclosure Deficiency Mandate
Floyd Franklin defaulted on payments to Flagship Logistics after the property value dropped. The foreclosure sale produced proceeds below the outstanding debt. The court's fallo directed the mortgagee to pursue a deficiency judgment against Floyd for the shortfall under applicable state rules.
New Trial Order Issued
Felix Franco was convicted after a jury trial marred by improper jury instructions. His post-trial motion highlighted errors that undermined fairness. The court's fallo vacated the judgment and granted a new trial in the interest of justice.
Judicial Impartiality Directive
Flora Ford appeared before a judge whose family held stock in the defendant corporation. The judge's personal ties risked affecting the outcome. The court's fallo prohibited any influence from family or financial relationships on the judicial decision.
Frederick Ferguson accepted payment from a corporate client to represent an individual employee. The arrangement raised concerns over divided loyalties. The court's fallo confirmed that the payment created no interference with the lawyer's independent professional judgment or the client relationship.
Opinion Statement Ruling
Fernando Farrell claimed a used machine was worth far more than its actual value during contract negotiations. The buyer later discovered the statement reflected only a belief rather than a fact. The court's fallo held that the assertion constituted an opinion rather than a misrepresentation of fact.
Remand for Jurisdictional Defect
Felicia Fuentes removed a state case to federal court on diversity grounds that later proved incomplete. The plaintiff moved to remand more than thirty days after removal. The court's fallo remanded the action because subject matter jurisdiction was lacking and ordered payment of costs incurred from the improper removal.
Common questions
Frequently Asked
2
What does fallo mean in Spanish law?+
Fallo refers to the mandate or dispositive sentence within a court's judgment that sets forth the actual order or relief granted.
Supporting sources
How does fallo differ from other parts of a judgment?+
The fallo contains only the binding directive or mandate, while other portions of the judgment may include findings of fact, legal reasoning, or background discussion.
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.…