How does a default differ from a default judgment?

How does a default differ from a default judgment?

• A. A default is the failure to respond; a default judgment is the court's judgment entered because of that failure
• B. They are the same
• C. Default is a payment
• D. Default is a trial

Answer: (A)

A default is a status caused by the defendant’s failure to respond within the time allowed. It means the case isn’t being actively defended because no answer or appearance has been filed. A default judgment, by contrast, is the court’s final decision entered because of that failure to respond. It resolves the case and grants the relief the plaintiff asked for, based on the pleading and the evidence—or, in some situations, the pleading alone if damages are certain or proven by an affidavit or proper record. So the difference is: default is the procedural failure to plead or respond, while a default judgment is the actual court order awarding relief as a consequence of that failure. The other options aren’t accurate because default is not a payment or a trial, and they are not the same thing.

A default is a status caused by the defendant’s failure to respond within the time allowed. It means the case isn’t being actively defended because no answer or appearance has been filed. A default judgment, by contrast, is the court’s final decision entered because of that failure to respond. It resolves the case and grants the relief the plaintiff asked for, based on the pleading and the evidence—or, in some situations, the pleading alone if damages are certain or proven by an affidavit or proper record. So the difference is: default is the procedural failure to plead or respond, while a default judgment is the actual court order awarding relief as a consequence of that failure. The other options aren’t accurate because default is not a payment or a trial, and they are not the same thing.