judgment

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Judgment

An order from a judge or jury to pay a certain amount of money. Judgments usually come after a lawsuit or a criminal conviction. For example, if a company is sued and found liable, it may receive a judgment for, say, $1 million, which it must pay to the plaintiff. Also, if one is convicted of theft, one may be ordered to repay what one has stolen. See also: Out-of-Court Settlement.

judgment

An order of a court.

References in periodicals archive ?
It can be argued that courts could play a legitimate role if the substituted judgment standard were appropriate in these situations.
A loose substituted judgment standard would acknowledge, as the Wendland court did, that PVS and MCS are different.
And many advance directives are simply general statements about a person's values and beliefs; as such, they supply no more guidance than the evidence supporting a treatment decision based on substituted judgment.
And this was not the first case in which doubts were raised about the quality of the evidence supporting a substituted judgment claim.
Maybe it is difficult for patients to articulate what they want for themselves, but how much harder is it For a proxy to articulate what patients would want were they competent, or, if they flout substituted judgment and opt for the best interests standard, to articulate what they would want for someone else?
Thus a substituted judgment is really a conditional judgment: if the person were competent, then he or she would decide such and such.
Thus, in many real decisions, surrogates must use a combination of advance directives, substituted judgment, and best interests reasoning - the stronger and more decisive the evidence of the patient's wishes, the more weight should be given to advance directive and substituted judgment reasoning, the weaker and less decisive this evidence, the more weight must be given to best interests reasoning.
7] These empirical data threaten the theoretical assumptions that preferences for life-sustaining therapies can be made reliably in advance of illness, and that surrogates can act accurately under a substituted judgment principle.
While many state statutes expect appointed surrogates to exercise some form of substituted judgment, at least two states (Florida and Kentucky) require agents to consider three factors in making a surrogate decision: the recommendations of the patient's physician, the wishes of the patient and the patient's best interests.
Since the best-interest standard is invoked when personally grounded decisions are not possible, the rationale for surrogate decisionmaking does not rest - as it does in substituted judgment - in extending the notion of respect for patients' right to control their own lives, but rather in protecting the welfare of vulnerable people.
Thus, as the Doe court recognized, substituted judgment in such cases is "a legal fiction.
Most states provide some variant of two basic standards to guide surrogates: the substituted judgment standard and the best interest standard.