Questions tagged [judging]

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

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2
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2answers
189 views

If a judge says in court that he trusts the other party would this amount to judicial misconduct?

The judge in a custody case with Bob and Janice says that he (the judge) trusts Janice. Would this amount to judicial misconduct or bias? Bear in mind that Bob has also the challenge of getting a male ...
2
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3answers
398 views

What motivates judges to rule justly?

In a market every shop has an incentive to charge a fair price: Charge too little, they go bankrupt. Charge too much and they won't sell anything. What mechanisms exist to encourage judges to rule ...
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1answer
98 views

What decisions can a Judge make after the Prosecution withdraws a case?

Background In the news, the prosecutors for Michael Flynn recently withdrew their case for the reasons stated in this court brief. However, Flynn has already pleaded guilty as mentioned several ...
5
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3answers
100 views

Have there been attempts to manage quality of judicial work?

When judges make judicial errors of law (those later identified by higher courts on appeal; not to be confused with judicial misconduct), they are not affected beyond possible damage to their public ...
2
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2answers
92 views

Why don't Commonwealth judges always write out the headings "Ratio Decidendi" and "Obiter Dictum", to definitively distinguish them?

I ask solely about Anglo-American written judgments. Why don't judge's written judgments always comprise the headings "Ratio Decidendi" and "Obiter Dictum", just like how the ...
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0answers
43 views

What happens after a Motion to Vacate has been granted?

What happens after a Motion to Vacate has been granted? Let's consider an example. Let's say that A and B had a custody dispute, and A won. There was a court order that B had to pay $x more per ...
2
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1answer
191 views

Can a judge make it case law that 2×2=5?

The following quote from Malcolm Turnbull is actually not what this question is about, but nevertheless it is a good-fit epigraph: The laws of mathematics are very commendable, but the only law ...
5
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2answers
453 views

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 ...
4
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2answers
712 views

Is it error of law to judge on less relevant case law when there is much more relevant one?

A judge in a civil case makes a judgment justifying it by similar decision made in somewhat relevant case. A party to the case is dissatisfied with the judgment. They find a more recent and, more ...
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0answers
68 views

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 ...
3
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1answer
368 views

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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0answers
124 views

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 ...
7
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1answer
257 views

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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2answers
204 views

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 ...
3
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2answers
2k views

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 ...
1
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1answer
56 views

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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1answer
125 views

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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2answers
2k views

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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2answers
64 views

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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0answers
22 views

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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3answers
66 views

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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1answer
1k views

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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2answers
216 views

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 ...
6
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1answer
847 views

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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2answers
1k views

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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1answer
55 views

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 ...