25
votes
Accepted
On the limits of a law clerk to the judge to "co-judge" a case and how the communications should be recorded
Short of forging the judge's signature or acting with a conflict of interest, there's really not much a law clerk can do to "improperly" contribute to the judge's work.
Although Trump's ...
- 61.6k
18
votes
Can a judge be barred from office under the 14th amendment for offering aid and comfort to an insurrectionist?
Is this a correct interpretation of the provisions of section 3 of the
14th amendment?
No.
A good faith ruling on a disputed legal issue by a judge is not providing aid and comfort.
Can a judge be ...
- 231k
12
votes
In the United States Federal Judiciary, is impeachment and conviction by the Senate the only means to remove a federal judge?
Article III judges are appointed for life, "subject only to removal by impeachment" (United States ex rel. Toth v. Quarles, 350 U.S. 11, 16 (1955)).
This is a consequence of the "good ...
- 66.6k
11
votes
What happens to a trial if the presiding judge is unable to finish the trial?
canada
Criminal trials
Under s. 669.2 of the Criminal Code, where a judge dies or is for any reason unable to continue, the proceedings may be continued before another judge.
If it was a judge-alone ...
- 66.6k
11
votes
On the limits of a law clerk to the judge to "co-judge" a case and how the communications should be recorded
canada
For a comparative perspective, I present the situation in Canada, which seems to match bdb484's answer for the U.S.
Communication between a judge and their law clerk within the scope of the ...
- 66.6k
9
votes
In the United States Federal Judiciary, is impeachment and conviction by the Senate the only means to remove a federal judge?
In the United States Federal Judiciary, is impeachment and conviction
by the Senate the only means to remove a federal judge?
Basically. A federal judge can also be removed on account of their death, ...
- 231k
9
votes
What happens to a trial if the presiding judge is unable to finish the trial?
Under Criminal Rule 25, a new judge will be appointed to hear the case. That judge can either familiarize himself with the record and resume the trial, or he can order a new trial.
- 61.6k
8
votes
Accepted
How can a judge send the jury out of the courtroom?
The jury is sent out of the court room when what is going on in the courtroom is not evidence properly before the jury. Examples where this happens:
voir dires as to the admissibility of evidence (or ...
- 66.6k
7
votes
Accepted
What processes exist for ensuring high quality judges and judgements? (UK)
england-wales
Background and Appointment Process
The United Kingdom has separate judicial systems for England and Wales, Scotland, and Northern Ireland, respectively. This answer does not consider ...
- 231k
7
votes
Can a US govt lawyer become judge?
Yes. For example, immediately prior to her appointment to the Supreme Court of the United States, Justice Elena Kagan was the Solicitor General of the United States.
Wikipedia notes, citing Olivia ...
- 66.6k
6
votes
Recourse for biased judges presiding over trial
united-states
Alice has no meaningful recourse. She has no legitimate argument to request that the judge recuse. If the judge makes a mistake of law, that can be appealed. Otherwise, she's stuck. In ...
- 231k
5
votes
Recourse for biased judges presiding over trial
new-zealand
Recusal is not an option. The guidelines require the presence of "circumstances" that might possibly lead to a "reasonable apprehension" that the judge is biased. ...
- 28.1k
4
votes
When did the US Supreme Court drop the 'Mr' before Justice?
Sandra Day O'Connor was appointed shortly after the court stopped using that form, and it was in anticipation of the appointment of a woman, although nobody knew which woman or when it would happen.
...
- 3,312
4
votes
How many staff do Supreme Court judges have to assist with research, deliberations, and composition of judgements?
canada
Each justice of the Supreme Court of Canada has three law clerks. This number has been as high as four in the past. There is also support from library staff, jurilinguists, translators, and ...
- 66.6k
4
votes
Accepted
Are the Supreme Court judges versed in Irish and Scottish as well as English law?
The UK Supreme Court was set up under the Constitutional Reform Act 2005. Section 27(8) mandates
In making selections for the appointment of judges of the Court the commission must ensure that ...
- 1,494
4
votes
Accepted
Is there any reason why American judges would be less capable of speaking English than British judges?
The judges you're seeing on television are state-court judges, and state-court judges are -- for the most part -- politicians. They hold their offices because they got more votes than anyone else.
...
- 61.6k
3
votes
Accepted
How commonly do Anglophone judges abbreviate Claimant to C? Or Plaintiff to P or π?
united-states
Short Answer
Traditionally, law students abbreviate Plaintiff to π. Do trustable
judges in the Anglosphere do this?
No. Judges do not commonly use this abbreviation in the United ...
- 231k
3
votes
Do we know the false positive rate of judge and jury decisions in the Post Office Horizon case?
Based on the Court of Appeal's decisions in Hamilton v Post Office [2021] EWCA Crim 577 (which reviewed the convictions of 42 people, and quashed 39), there may be limited data when it comes to the ...
- 7,455
3
votes
Recourse for biased judges presiding over trial
Alice has unrealistic expectations
The law does not require that Alice be given special allowances because she is not as skilled a litigant as a trained lawyer. It is not the court’s role to assist ...
- 219k
3
votes
Can a judge make it case law that 2×2=5?
united-states
Will the judge not face any disciplinary consequences but just public
outcry and reputation damages?
The judge will be absolutely immune from civil liability for this decision. A ...
- 231k
2
votes
Can a judge throw out a case where no material harm has occurred?
Many offences do not have material harm or financial injury to the state as an element of the offence (possession offences — of firearms or drugs or burglary devices, attempts, operating an aircraft ...
- 66.6k
2
votes
Accepted
Would Trump's lawsuit against Judge Juan Merchan be barred by Spark v. Stumpman?
Trump has filed an Article 78 proceeding in the New York's state courts according to the New York Times which broke the story. While this is a proceeding in the style of a lawsuit against the judge, ...
- 231k
2
votes
Recourse for biased judges presiding over trial
canada
While no verdict has yet been handed down, but Alice has serious concerns as to the conduct of the trial and the impartiality and propriety of the judge in presiding over it, what recourse ...
- 66.6k
2
votes
Is there any reason why American judges would be less capable of speaking English than British judges?
We cannot tell you why you perceive what you do, but "sophistication" is in the eye of the beholder.
Someone unfamiliar with a dialect (such as any of the many American English dialects) ...
- 66.6k
2
votes
Can presiding judges ever be subject to law enforcement?
Judicial immunity is limited to civil liability. It doesn't insulate a judge from criminal liability. A law enforcement officer (or a citizen making a citizen's arrest) could arrest a judge in the ...
- 231k
1
vote
Accepted
Can presiding judges ever be subject to law enforcement?
When an arrest would be lawful
A police officer may arrest you if:
They suspect on reasonable grounds that you have committed an offence or are about to commit an offence
They have a warrant for ...
- 219k
Only top scored, non community-wiki answers of a minimum length are eligible