Skip to main content
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 ...
xngtng's user avatar
  • 6,128
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 ...
ohwilleke's user avatar
  • 220k
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 ...
ohwilleke's user avatar
  • 220k
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 ...
David Siegel's user avatar
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 ...
user6726's user avatar
  • 215k
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 ...
Jen's user avatar
  • 59.3k
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 ...
David Reed's user avatar
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 ...
ohwilleke's user avatar
  • 220k
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, ...
Dale M's user avatar
  • 213k
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,...
ohwilleke's user avatar
  • 220k
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 ...
David Siegel's user avatar
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 ...
Dale M's user avatar
  • 213k
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 ...
GridAlien's user avatar
  • 1,628
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,...
ohwilleke's user avatar
  • 220k
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 ...
sharur's user avatar
  • 8,811
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 ...
bdb484's user avatar
  • 60.6k
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'...
Dale M's user avatar
  • 213k
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 ...
ohwilleke's user avatar
  • 220k
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....
ohwilleke's user avatar
  • 220k
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 ...
Dale M's user avatar
  • 213k
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 ...
Dale M's user avatar
  • 213k
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 ...
user6726's user avatar
  • 215k
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 ...
Peter - Reinstate Monica's user avatar
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 ...
Dale M's user avatar
  • 213k
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 ...
ohwilleke's user avatar
  • 220k
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 ...
ohwilleke's user avatar
  • 220k
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 ...
sharur's user avatar
  • 8,811
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 ...
Greendrake's user avatar
  • 27.6k
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 ...
Nate Eldredge's user avatar
3 votes

Can a judge/justice file a lawsuit and bring a case to their own court? What happens then?

Judges and justices can file lawsuits like anyone else, but ordinarily the judges who are colleagues of the judge or justice would recuse themselves and it would be assigned to another venue at trial (...
ohwilleke's user avatar
  • 220k

Only top scored, non community-wiki answers of a minimum length are eligible