22
votes
Accepted
On the (Equi)Potency of Each Organic Law of the United States
Does this mean that all four of the above are "equipotent"?
No. The inclusion of these foundational documents in the Front Matter of the United States Code does not indicate anything ...
- 6,401
22
votes
Accepted
Can a judge decide a case based on their own legal knowledge?
Can a judge in the United States decide a case based on their own
legal knowledge, using some legal theory or argument that was not
presented by either side in the case,
Yes.
which neither side ...
- 240k
12
votes
On the (Equi)Potency of Each Organic Law of the United States
No. The U.S. Constitution as adopted in 1789 and amended at later dates is the supreme law of the land.
The Declaration of Independence and the Articles of Confederation no longer have any force or ...
- 240k
11
votes
Accepted
Are judges supposed to take public opinion into account?
united-states
In the US Judges are generally not supposed to take public opinion into account, nor the views of executive officials, except as those are expressed in briefs or other documents ...
- 115k
8
votes
Accepted
Legal remedies if a lower court ignores stare decisis?
The alternative is the same whether just one lower court or many lower courts ignore SCOTUS precedent. An aggrieved parts will appeal the lower court ruling, and the matter will work its way up the ...
- 217k
8
votes
Accepted
Does being overturned on appeal have consequences for the careers of trial judges?
canada
The mere fact of being frequently overturned on appeal would only have reputational consequences and secondary effects on career advancement (not suggesting these are minor effects).
But being ...
- 72.7k
7
votes
Can a judge make it case law that 2×2=5?
Appellate judges make holdings on matters of law, and generally defer to the fact-finder in a given case (the jury, or sometimes the judge) on factual matters relevant to a case. So in a case that ...
- 887
7
votes
Accepted
Is it error of law to judge on less relevant case law when there is much more relevant one?
On an issue of pure law, an appellate court decides if the trial judge got it right or wrong from scratch, and if there is a case that is a better match than the one that the judge used that leads to ...
- 240k
7
votes
Are judges supposed to take public opinion into account?
No, and yes
common-law
Courts must decide a case by determining the facts and applying the applicable law subject to precedent.
So, no, public opinion surrounding a particular case is irrelevant.
But, ...
- 227k
7
votes
Does being overturned on appeal have consequences for the careers of trial judges?
united-states
Does being overturned on appeal have consequences for the careers of
trial judges?
In general no. Indeed, federal judges serve for life. And, judges in some state courts serve for life,...
- 240k
5
votes
If a judge says in court that he trusts the other party would this amount to judicial misconduct?
A Judge, particularly in a custody case, is supposed to form opinions on who is trustworthy. But the Judge saying that he trusts Janice need not mean that the Judge will rule against Bob, and is not ...
- 115k
5
votes
Can a judge increase the speed on a traffic ticket?
Probably moot considering how much time has passed but here goes.
California 22349(a) states that no person may drive upon a highway at speeds of greater than 65 mph. So if you're going to be ...
- 1,648
5
votes
Accepted
What decisions can a Judge make after the Prosecution withdraws a case?
The government can’t withdraw
The government does not have a right to unilaterally withdraw charges once the case is before the court. All they can do is ask the court to dismiss the case as they ...
- 227k
5
votes
What requirements, if any, do judges have to render timely decisions?
united-states
In Colorado (which is an outlier among U.S state court systems), trial court judge in the state court system has a duty to rule on pending motions within three months, and if they do not,...
- 240k
5
votes
On the (Equi)Potency of Each Organic Law of the United States
They are not equipotent. Today, only the Constitution and Northwest Ordinance, actually has force of law (having superseded the Articles of Confederation completely), the latter being being a law ...
- 8,879
5
votes
On the (Equi)Potency of Each Organic Law of the United States
These writings are not equipotent legal authorities.
The U.S. Constitution, which was enacted later than all the others, declares itself "the supreme Law of the Land," giving it -- as well ...
- 61.8k
4
votes
Is it error of law to judge on less relevant case law when there is much more relevant one?
Probably not
The judge is required to decide the case on the basis of the law the parties argue. If neither party draws the judge’s attention to a relevant case it would not be an error of law for ...
- 227k
4
votes
Accepted
Are judges limited in their reasoning to arguments raised by the parties?
Yes
Deciding a case on a basis the parties have not raised is a denial of natural justice (or procedural fairness) and invalid.
The reason is very simple, the parties have not had the opportunity to ...
- 227k
4
votes
Accepted
What is the significance of dissenting opinions in appellate court decisions?
The decision of a court consists of several things:
The orders made
A summary of the evidence
The judge's reasoning from the evidence to their conclusions of what the facts of the case are
The judge'...
- 227k
4
votes
Do judges try to appeal-proof their decisions?
Appeal proofing decisions is a common practice of trial judges (and even intermediate appellate court judges and state supreme court judges) well known to practitioners and even discussed by law ...
- 240k
4
votes
Legal remedies if a lower court ignores stare decisis?
While an appellate court may have the opportunity to reverse any
individual trial judge every few years, I know that trial judges, in
their numerous workday rulings, reverse appellate courts every day....
- 240k
4
votes
do Judges have the power to interpret a law contrary to the drafters intent?
The power definitely exists, and it is also said by some (respectable persons) that they have a duty to do so.
There are many schools of legal interpretation. One trend is to attempt to discern ...
- 217k
4
votes
Can a judge decide a case based on their own legal knowledge?
Courts are bound to decide on the basis of the evidence introduced into the trial. This limits their creativity: The parties usually are aware of the legal implications of the evidence and bring the ...
- 6,548
3
votes
If a judge says in court that he trusts the other party would this amount to judicial misconduct?
Generally, in a trial (except a bench trial), a judge is exclusively a "trier of law", which means that they concern themselves with running the trial in a legal matter, and resolving ...
- 8,879
3
votes
Are judges supposed to take public opinion into account?
common-law
Are judges supposed to take public opinion into account?
No.
The job of judges is to make decisions in cases — by looking at the facts, applying the law and not giving a shit about what ...
- 28.2k
3
votes
Are judges supposed to take public opinion into account?
There are some cases where the Supreme Court has held that decisions should incorporate public opinion. For instance, one of the the elements of obscenity is that it offends local sensibilities. What ...
- 6,152
3
votes
Absolute immunity, judicial corruption and public interest
Judicial immunity means only that the judge can't be sued by the people negatively affected by his decisions, even if they were made corruptly.
The idea is that if this were possible, then anyone ...
- 31.1k
3
votes
Why don't Commonwealth judges always write out the headings "Ratio Decidendi" and "Obiter Dictum", to definitively distinguish them?
Because they are only apparent with hindsight
The judge writing the judgement does not decide what is dicta and what is obiter - that is for some future judge considering a different case and deciding ...
- 227k
3
votes
What is the significance of dissenting opinions in appellate court decisions?
Sometimes dissents are issued to call attention to a bad decision in the hope that a higher court or the legislature will address the problem.
Sometimes dissents are issued to clarify what the ...
- 240k
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 ...
- 240k
Only top scored, non community-wiki answers of a minimum length are eligible