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Encyclopedia > Confession of judgment

Confession of Judgment is a practice of the United States Solicitor General when, in his personal considered opinion, the U. S. Government (which he represents in the Supreme Court of the United States) has taken the wrong side of a case. In "confessing judgment," the Solicitor General admits that the government has been wrong all along and just drops the case, even when supported by a lower appellate court's prior decision in the case. Thus a lower court's decison can be reversed, effectively, in two different ways: first by a reversal by the Supreme Court itself, or second by a "confession of judgement" by the Solicitor General who refuses to prosecute a cause that he considers to be unjust. The United States Solicitor General is the individual tasked with arguing for the United States Government in front of the U.S. Supreme Court, when the government is party to a case. ... Seal of the Supreme Court The Supreme Court of the United States, located in Washington, D.C., is the highest federal court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States to interpret and decide questions of federal law, including the...


This considerable power has caused some people to nick-name the Solicitor General "The Tenth Justice" of the Supreme Court (which has nine Justices on it). The United States Solicitor General is the individual tasked with arguing for the United States Government in front of the U.S. Supreme Court, when the government is party to a case. ... Seal of the Supreme Court The Supreme Court of the United States, located in Washington, D.C., is the highest federal court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States to interpret and decide questions of federal law, including the...


It is thought to be in defense of this practice that former Solicitor General Frederick W. Lehmann famously stated: "The United States wins its point whenever justice is done its citizens in the courts." (This maxim is inscribed inside the rotunda of the United States Attorney General's office.) Frederick W. Lehmann was a prominent American lawyer, statesman, United States Solicitor General, and rare book collector. ... The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. ...


  Results from FactBites:
 
"Judgment" Defined & Explained (2241 words)
JUDGMENT BY DEFAULT, is a judgment rendered in consequence of tho non-appearance of the defendant and is either by nil dicit or by non sum informatus.
This judgment is interlocutory in assumpsit, covenant, trespass, case and replevin, where the sole object of the action is damages; but in debt, damages not being the principal object of the action, the plaintiff usually signs final judgment in the first instance.
JUDGMENT OF NONSUIT, Practice, is one against the plaintiff, which happens when, on trial by jury, the plaintiff, on being called or demanded, at the instance of the defendant, to be present while the jury give their verdict, fails to make his appearance.
CATHOLIC ENCYCLOPEDIA: The Seal of Confession (14935 words)
For he is bound to conceal the confession for two reasons, viz., on account of the sacrament, because it is almost of the essence of the sacrament to conceal the confession (quia quasi de essentia Sacramenti est celare Confessionem): likewise for reason of the scandal.
It was not part of the doctrine of the Church of England as it continued established under Edward VI and, subsequently, from the accession of Elizabeth onwards, that auricular confession was necessary for forgiveness.
Sparkes: that the prisoner, in that case, was a "papist" and that it came out at the trial that he had made a confession of his crime (a capital one) to a Protestant clergyman: that this confession was received in evidence by the judge: and that the prisoner was convicted and executed.
  More results at FactBites »


 

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