The phrase "boni judicis est judicium sine dilatione mandare executioni" translates to "it is the duty of a good judge to cause execution to issue on a judgment without delay." This principle emphasizes that judges have an obligation to ensure that court decisions are enforced promptly, minimizing unnecessary delays in the legal process.
This term is primarily used in civil law contexts, where timely enforcement of judgments is crucial. It underscores the responsibility of judges to act decisively in executing court orders, particularly in cases involving monetary judgments, property disputes, or family law matters. Users may find relevant legal forms on platforms like US Legal Forms to assist in ensuring compliance with court orders.
Here are a couple of examples of abatement:
Example 1: A judge issues a ruling in a civil lawsuit for unpaid debts. Under this principle, the judge must ensure that the creditor receives payment without unnecessary delays.
Example 2: In a child custody case, once a ruling is made, the judge is responsible for ensuring that the custody arrangement is implemented swiftly to avoid disruption in the child's life. (hypothetical example)
| State | Judicial Enforcement Procedures |
|---|---|
| California | Judges are required to enforce judgments promptly, with specific timelines for execution. |
| New York | Similar obligations exist, but there are detailed procedures for different types of judgments. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Judgment | A formal decision made by a court. | A judgment is the outcome, while this principle focuses on the execution of that judgment. |
| Enforcement | The act of ensuring compliance with a court order. | This principle specifically emphasizes the judge's duty to enforce without delay. |
If you are involved in a legal matter where a judgment has been issued, ensure that you understand your rights regarding enforcement. If you believe there has been a delay in execution, consider consulting a legal professional. You can also explore US Legal Forms for templates that may assist you in managing your legal documents effectively.
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If a judge fails to enforce a judgment promptly, it may lead to further legal complications and could undermine the judicial process.