Questions tagged [judiciary]

The judiciary is the system of courts that interprets and applies the law in a country, state or an international community. The judiciary mainly interprets and applies the law, but can in some systems create law.

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Do countries (with rule of law) exist where a court can require the legislature to vote on a law in order to clear ambiguities?

I thought of this due to Roe V. Wade being recently overturned. From my understanding, (and if I am mistaken, then just take this as a hypothetical) it is not clear to everyone whether the ...
HanMah's user avatar
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Can Congress overrule Marbury v. Madison by statute?

Can the United States' Congress pass a statute (by simply majority of both houses, then signed into law by the President) which says: Using the power granted to us by Article III, Section 2, clause ...
robertspierre's user avatar
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4 answers
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Why is the federal judiciary of the United States divided into circuits?

There are many questions (and answers) on this site pertaining to circuit splits. It is also my understanding that rulings/interpretations made by courts are binding on all lower courts within their ...
ScottishTapWater's user avatar
12 votes
4 answers
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What happens if a judge disregards a mandatory minimal sentencing law?

What happens if a judge disregards the mandatory minimum sentence and sentences the convicted to time served or some other lesser amount of time? Would this judgement be binding? What would happen to ...
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11 votes
3 answers
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What is a municipal court?

I am studying for a Master's in Legal Translation. (I am French) I need to understand what a "municipal court" is. Is it like our "Tribunal de Police" for speeding on the road, ...
MLD Traduction's user avatar
8 votes
1 answer
922 views

In the United States, must state courts follow rulings by federal courts of appeals?

In the United States, must state courts follow rulings by federal courts of appeals?
Jen's user avatar
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7 votes
4 answers
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Why does the USA not have a constitutional court?

I know the Supreme Court of the United States will hear constitutional matters, but why does United States not have a judicial branch specifically for constitutional matters?
Neil Meyer's user avatar
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7 votes
2 answers
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Do judges have managers?

Typically it seems all us cases have a judge. Theres also a lot of different types of courts. Are all the judges at the same job level? Do they have managers? Who are they? Do they performance metrics ...
CarriMegrabyan's user avatar
6 votes
1 answer
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At what point could courts in England no longer legally create new Common Law offenses?

Common Law offenses, of course, were crimes created solely through case law rather than statute. At what point was the legal authority of courts in England to create new Common Law offenses abolished?...
Robert Columbia's user avatar
6 votes
3 answers
521 views

If legislative intent is considered when interpreting laws, why don't lawmakers attach a note to the law explaining their intentions?

When a judge is deciding whether a law applies to a particular case, they often look at historical documents or transcripts of legislative proceedings to determine whether the lawmakers would've ...
Hemsy19's user avatar
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6 votes
1 answer
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How does a judge decide how to examine an unrepresented defendant giving evidence?

It is my understanding that if a defendant in a criminal case in the Crown Court decides to represent themselves, and further decides to give evidence personally, the judge in the trial puts questions ...
CDJB's user avatar
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5 votes
2 answers
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If an appeals court orders a lower court to throw out a case, can this be appealed by the lower court?

Background On June 24th, 2020 in a 2 - 1 vote, a Washington appeals court ordered Judge Emmet Sullivan to throw out the case against Michael Flynn because both the prosecution and the defense wanted ...
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5 votes
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Who decides the priority of extradition requests in the UK

Related to What is the priority of potential extraditions in Assange case? Julian Assange has been arrested and convicted for failure to appear in court. The USA has requested his extradition to face ...
RedGrittyBrick's user avatar
5 votes
3 answers
129 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 ...
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5 votes
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Does Marcus J Ball have a realistic case against the Judges?

Since the extensive lying in the Brexit Referendum Marcus J Ball has been trying to prosecute Boris Johnson for the offense of Misconduct in Public Office. The case was initially successful, however ...
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3 answers
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Why can't federal courts issue advisory opinions?

In the United States, federal courts are not allowed to issue advisory opinions under the "case or controversy" requirement specified in the Constitution. Many states also do not allow their courts to ...
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Does being overturned on appeal have consequences for the careers of trial judges? [duplicate]

Would a 95% rate of being overturned on appeal have any effect on a judge's career?
Jon's user avatar
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4 votes
1 answer
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Which law spells out judicial immunity?

I am trying to find the exact piece of New Zealand legislation that defines the immunity of judges from civil claims resulting from doing their job (or any immunities they may have). Section 23 of the ...
Greendrake's user avatar
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4 votes
1 answer
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How is judge selected for a case in the US?

In U.S. federal district courts, how is the judge chosen to handle a particular case? Are judges randomly assigned to cases? Or are they chosen based on their expertise in certain areas of law?
DavidSilverberg's user avatar
4 votes
1 answer
268 views

Can the Judiciary change the due process outlined in a law?

I recently came across an article reporting that the India's Supreme Court has passed a judgement which has the effect of diluting the THE SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ...
Firelord's user avatar
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4 votes
1 answer
226 views

are there any legal systems in the world where the judiciary and the legislature are the same?

it's well known that the limited lawmaking power that a judiciary has comes from interpretation of statutes but are there any systems where the judiciary and the legislature are one and the same and ...
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4 votes
1 answer
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Are many judges stronger or weaker at some types of cases than others, and do court systems take judicial notice of this?

Admittedly, this exercise was "time" and "space" limited, but I came up with an interesting finding regarding the ratings of New York City judges in the past decade. Most judges ...
Libra's user avatar
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1 answer
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Does the US judicial system treat the constitution differently to any other law?

In france, there's a thing called the law-screen theory which states that a judge only applies the law, and not the constitution. If someone says they're being tried unconstitutionally, they can claim ...
Gouvernathor's user avatar
4 votes
0 answers
155 views

Which countries grant extraterritoriality to US citizens?

Some countries have ceded, to the United States, some control in the application of their own laws within their own borders. A historical example would be the Treaty of Wanghia, signed with China in ...
Flux's user avatar
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3 votes
2 answers
276 views

Status of U.S. attorneys in US DOJ (2021)

With the new President Biden and his administration in the U.S., I see news stories that the Biden administration is asking 56 Trump-appointed and Senate confirmed U.S. attorneys to resign from their ...
Al Lelopath's user avatar
3 votes
4 answers
495 views

In the United States, what decides whether a case should go to the state courts or the federal courts?

The United States has a dual judiciary system with a state court system and a federal court system with the US Supreme court. If there is a person who is accused of breaking both state and federal ...
Schwarz Kugelblitz's user avatar
3 votes
6 answers
133 views

Is a judge paid by the state allowed to hear criminal cases?

In my case the other party is the state. The judge also receives local judicial benefits from the state which is a party appearing before him. Like in my case it's my name verse state of Washington. ...
user5249's user avatar
3 votes
1 answer
152 views

What is the difference between the Supreme Judicial Court of Massachusetts and the Supreme Judicial Court for Suffolk County?

It is my understanding that the Supreme Judicial Court of Massachusetts is the highest state court in the state of Massachusetts. However, I have also heard reference to the Supreme Judicial Court for ...
A. R.'s user avatar
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2 votes
2 answers
177 views

Why do courts reserve the verdicts for later?

The courts of law (including the Supreme Court) in India often "reserve" the verdicts after hearing is completed. What's the purpose behind this practice?
ShivCK's user avatar
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2 votes
4 answers
648 views

Can the supreme court enforce its rulings on the executive branch?

I've just read this article on Slate. In it, they describe how Trump's administration has ignored deadlines imposed by the U.S. District Court after losing a case to SCOTUS (I bolded the most relevant ...
spacetyper's user avatar
2 votes
2 answers
152 views

Can a Judical Misconduct Complaint be read or searched for?

I have read a news article stating that 15 misconduct complaints were filed against Justice Kavanaugh to the "federal appeals court in Washington, D.C." I found that searching the "https://www.cadc....
KingsInnerSoul's user avatar
1 vote
1 answer
106 views

What is it about the SDNY that results in the phenomenon captured by the slang name "Sovereign District of New York"?

The SDNY seems to hear a lot of high-profile civil and criminal cases that many might argue verge on jurisdictional overreach or extraterritorial jurisdiction. In any case they certainly see a lot of &...
Seeking answers's user avatar
1 vote
1 answer
112 views

How did judicial review in the United States develop out of prerogative writs?

In this video, at 58:15 Justice Scalia says that the judicial review concept in the United States developed out of the prerogative writs: mandamus and injunction. What does he mean by that? How did ...
robertspierre's user avatar
1 vote
1 answer
250 views

Why was the Supreme Court of the United States set up to only hear cases en banc?

From the very beginning of the US Supreme Court, we've required a quorum of Justices to be present to hear a case. Unfortunately, seeing as we set up a co-equal judiciary rather than the parliamentary ...
Carduus's user avatar
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1 vote
1 answer
43 views

Is there any benefit in writing your local judges?

People always say that you should write your local representatives if you want anything done. Or perhaps you could write to the Governor. Is there any point in writing to judges? The real question ...
Mr. A's user avatar
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1 vote
1 answer
150 views

Carlos Ghosn and the Japanese judiciary system

On New Year's Eve, less than 2 weeks ago, the businessman Carlos Ghosn escaped from bail restrictions in Japan ("jumped bail") and fled to Lebanon. He then criticized the Japanese judiciary ...
Déjà vu's user avatar
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1 vote
2 answers
93 views

Fairness where Judges are elected and accept donations?

In some jurisdictions, like GA and NY, judges are elected. They accept donations to fund their election campaigns as do any other politicians. Law firms make many such donations. How can the judges ...
user3270's user avatar
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0 votes
2 answers
399 views

Panel of Judges in Supreme Court - Odd number?

In Supreme Court, the panel of judges will always be a odd number? 3,5,7,9 so the decision in terms of votes count verdict will always outcome a result and not a tie?
Prashant Akerkar's user avatar
0 votes
1 answer
80 views

Judicial Crimes

Who implements Article III, Section 1 in the U.S. Constitution wherein "The judges, both of the supreme and inferior courts, shall hold their offices during good behavior..."?
Harold Chanin's user avatar
0 votes
1 answer
60 views

What is a mercantile court?

Another answer cites the Birmingham mercantile court. I've never heard of a mercantile court before despite having researched the English court system before. What is this court and where does it fit ...
JosephCorrectEnglishPronouns's user avatar
0 votes
1 answer
65 views

Lawyer request change in Court proceedings by defendant or plaintiff

According to the law, can a defendant or Plaintiff change his/her lawyer after certain court proceedings in both civil/criminal cases. Example. A Court is adjourned and given a certain date for next ...
Prashant Akerkar's user avatar
-1 votes
2 answers
96 views

Can academic writings be a source of unwritten law?

This might be a weird question but can academic writings be a source of unwritten law like customary law ? And do things like customary law and something like this require a judiciary to interpret or ...
KhalDrogo's user avatar
-1 votes
1 answer
79 views

What legal remedies are available for the non-performance of contractual obligations that cannot be appraised?

What remedies are available to tenant A for the landlord B's breach of contract in not providing a copy of their privacy notice, nor making it available on their website, as the contract required, ...
Seeking answers's user avatar
-1 votes
2 answers
104 views

Under what circumstances in Colorado can a judge sentence below a mandatory minimal sentence?

The facts around the case of Rogel Aguilera-Mederos seem pretty clear cut, however unfair. A jury found him guilty The judge didn't want to sentence him to 110 years. The judge had to sentence him to ...
Evan Carroll's user avatar
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-1 votes
2 answers
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What is the scope of duty of judges?

My simple understanding is that judges interpret and apply the law. But what about decision making? Am I right to say that decision making is part of their scope of duty of applying the law?
Electric's user avatar
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-2 votes
1 answer
619 views

What are the advantages and disadvantages of judicial change in law reform? [closed]

There are four ways law can be reformed; either through judicial change, reform by parliament, pressure groups or law reform agencies. However, what are the advantages and disadvantages of law ...
A. Bell 's user avatar
-3 votes
2 answers
241 views

What would be required to overturn the Grainger test?

It seems to me the Grainger test seriously risks politicising the judiciary, leaving them to decide, quite undemocratically, in fact, on behalf of the populous what types of beliefs are or aren't ...
JosephCorrectEnglishPronouns's user avatar
-3 votes
2 answers
268 views

What is the judicial rationale for introducing the grainger test to qualify beliefs?

Section 10 Equality Act 2010 seems very clear that “belief means any religious or philosophical belief”. (Emphasis added) Yet, the employment tribunal in Grainger set down a five limb test which ...
Seeking answers's user avatar
-3 votes
1 answer
65 views

Purpose of Judiciary- Justice or well-being of people? [closed]

The situation described below is purely hypothetical created by me for the sake of question. Suppose in a democratic country there exist more than one community on the basis of religion, caste, etc ...
An_Elephant's user avatar
-5 votes
1 answer
127 views

the whole judiciary is based on abductive reasoning [closed]

"In abductive arguments, focus on the inference. When a conclusion relies upon an inference and contains new information not found in the premises, the reasoning is inductive. For example, if ...
quanity's user avatar
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