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Questions tagged [judging]

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

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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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4 votes
3 answers

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 that ...
Greendrake's user avatar
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4 votes
2 answers

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 ...
Digital fire's user avatar
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3 votes
1 answer

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 ...
Greendrake's user avatar
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1 vote
1 answer

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 ...
feetwet's user avatar
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