Confession of judgment

Confession of judgment, in law, is a term of art with two meanings.

Related Topics:
Law - Term of art

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

First, in its broader sense, it refers to a contract clause in which a party agrees to let the other party enter a judgment against him or her upon the occurrence or nonoccurrence of a specific event. Such clauses are highly controversial and are usually invalidated on public policy grounds by courts, since the obligor is essentially contracting away his right to raise any legitimate defenses to breach of contract. Such clauses should be distinguished from liquidated damages clauses, which do not result in binding judgments against the obligor.

Related Topics:
Contract - Liquidated damages

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

Second, it refers to a practice of the United States Solicitor General when, in his personal considered opinion, the U.S. federal government (which he represents before 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.

Related Topics:
United States Solicitor General - U.S. federal government - Supreme Court of the United States

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

This considerable power has caused some to nickname the Solicitor General the "Tenth Justice" of the Supreme Court (which has nine Justices on it).

Related Topics:
Solicitor General - Supreme Court

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

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.)

Related Topics:
Frederick W. Lehmann - United States Attorney General

~ ~ ~ ~ ~ ~ ~ ~ ~ ~