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Questions tagged [judging]

For questions about actions and decisions of a court of law.

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Is it an error for a judge to not consider all pieces of evidence?

A prosecutor attempts to lay charges against an alleged perpetrator (in New Zealand anyone can do this under the private prosecution provisions). The judge is presented with a set of pieces of ...
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Are judges limited in their reasoning to arguments raised by the parties?

Bob files a civil lawsuit agaist Rob. For simplicity, let's assume they both represent themselves. At the hearing, Bob says: "Here is the evidence. Rob was wrong because of reason A, so he owes me ...
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Differences between Dismissal with Prejudice, Summary Judgment, Directed Verdict, JMOL, and JNOV?

What (if any) are the particular differences in U.S. courts between dismissal with prejudice, summary judgment, directed verdict, judgment as a matter of law (JMOL), and judgment notwithstanding the ...
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Can a judge/justice file a lawsuit and bring a case to their own court? What happens then?

Can a judge or justice (I'm interested in both) file a lawsuit that would normally fall under their own court's jurisdiction? What happens in such a scenario? I'm especially interested in the answer ...
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Absolute immunity, judicial corruption and public interest

I'm reading DENNIS v. SPARKS, (1980). It is part of larger reading from Operation Greylord. Part of the decision says: Judicial immunity arose because it was in the public interest to have judges ...
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Can judges be compelled to justify themselves?

As noted here: Sometimes a judge simply enters a verdict with no real substantive explanation whatsoever, despite the fact that a judge is supposed to write an opinion making the findings of ...
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Can a judge increase the speed on a traffic ticket?

I had a trial de novo today for a 22349(a), cited for 80 mph. At court when discussing the case, the officer gave his introductory statement and alleged that his radar clocked me at 90 mph but that he ...
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What is the significance of dissenting opinions in appellate court decisions?

Appellate courts often hear cases en banc and decide them by simple majority of the judges on the bench. The majority will typically sign a single "per curiam" decision, which constitutes the ...
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Do judges try to appeal-proof their decisions?

I've been reading a lot of judges' decisions recently, and I've noticed a type of comment that comes up frequently: comments that seem to only be provided in order to make it more difficult for an ...
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Legal remedies if a lower court ignores stare decisis?

Let's say hypothetically that lower courts en masse decide to ignore Supreme Court decisions. What legal alternatives are available to citizens if lower courts "Go rogue" and decides to ignore a ...
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How do 'rules developed entirely by judicial decisions' differ from 'new rules made by judges when they interpret statutes'? [duplicate]

Source: p 5, How to Study Law (2010 6 ed) by A Bradney, F Cownie, J Masson, A Neal & D Newell. Precedents Not all legal rules are laid down in an Act Of Parliament or some other piece of ...
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Is it accurate to assert new rule-making by judges 'when they interpret statutes'?

Source: p 5, How to Study Law (2010 6 ed) by A Bradney, F Cownie, J Masson, A Neal & D Newell. Precedents Not all legal rules are laid down in an Act Of Parliament or some other piece of ...
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How does 'judgement' differ from 'discretion'?

Source: p 52, The Rule of Law (2010) by Thomas Bingham In statutes the word ‘may’ (as opposed to ‘shall’ or ‘must’) is ordinarily understood to confer a discretion: the judge (or the ...
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Why is a discretion in name only, because it can only be exercised one way?

Source: pp 51-52, The Rule of Law (2010) by Thomas Bingham But some exercises of judicial power are usually described as discretionary. For example, while some remedies, notably damages, ...
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Why are judges allowed to read news and media opinions?

I find it interesting that apparently judges are allowed to read news and opinions about the litigation in front of them, whereas juries would not be. Why is there such a distinction, and are there ...
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Are principles of judicial interpretation subject to legislative control?

In the news you often read about differing philosophies of judicial interpretation, especially when important cases are decided (like several recent US Supreme Court decisions). I recently browsed ...
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Is the judge allowed to nullify laws?

If a jury disagrees with a law, it's allowed to exercise a right known as jury nullification. However, what about civil cases (e.g., in a Superior Court in California) that are presided by a judge ...
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How does one determine the reasons for a judge's recusal?

I was reading about Shelley v. Kraemer (1948) (full opinion), which states that Justices Reed, Jackson, Rutledge took no part in the consideration or decision of the case. As another example, in ...