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Simple English definitions for legal terms
allocutus
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A quick definition of allocutus:
Allocutus is a legal term that refers to the act of a court refusing to give a judgment because of a mistake or problem that is obvious from the court record. This can happen when the verdict is different from what was claimed in the case, or when the case itself is not legally valid. In the past, this was called an "arrest of judgment," but today it is less common because these issues are usually addressed before the trial or judgment.
A more thorough explanation:
Definition: Allocutus is a legal term that refers to the act of a trial judge refusing to enter judgment on the verdict because of an error appearing on the face of the record that rendered the judgment invalid. It is also known as an arrest of judgment.
For example, if a verdict differs materially from the pleadings or if the case alleged in the pleadings is legally insufficient, the court may arrest judgment. This means that the court will not render or enforce a judgment because of the defect apparent from the record.
Allocutus is a term that is mostly used in common law. Today, this type of defect must typically be objected to before trial or before judgment is entered, so that the motion in arrest of judgment has been largely superseded.
Example: In United States v. Sisson, 399 U.S. 267, 280–81, 90 S.Ct. 2117, 2125 (1970), the court used the term "arrest of judgment" to describe the act of a trial judge refusing to enter judgment on the verdict because of an error appearing on the face of the record that rendered the judgment invalid. This is an example of how the term "allocutus" is used in legal contexts.