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Questions tagged [judging]

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

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35 questions
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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, which neither side therefore had the opportunity to challenge? In other words,…
Merry Misanthrope
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Do judges try to appeal-proof their decisions?

I've been reading a lot of judges' decisions recently, and I've noticed a type of comment that comes up frequently: comments that seem to only be provided in order to make it more difficult for an appellate court to overturn their decision. Since I…
user15341
7
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4 answers

On the (Equi)Potency of Each Organic Law of the United States

According to the United States Code, there are four organic laws of the United States: The United States Declaration of Independence of July 4, 1776, The Articles of Confederation and Perpetual Union of November 15, 1777, The Northwest Ordinance of…
DDS
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Are principles of judicial interpretation subject to legislative control?

In the news you often read about differing philosophies of judicial interpretation, especially when important cases are decided (like several recent US Supreme Court decisions). I recently browsed through a book by Antonin Scalia in which he…
BrenBarn
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Can a judge increase the speed on a traffic ticket?

I had a trial de novo today for a 22349(a), cited for 80 mph. At court when discussing the case, the officer gave his introductory statement and alleged that his radar clocked me at 90 mph but that he wrote me for 80 mph and even alleged that I said…
maylae
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1 answer

Why are judges allowed to read news and media opinions?

I find it interesting that apparently judges are allowed to read news and opinions about the litigation in front of them, whereas juries would not be. Why is there such a distinction, and are there any limitations to ensure fair rulings? For…
cnst
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Are judges supposed to take public opinion into account?

Is there a legal consensus on whether judges should / should not be influenced by public opinion? If so, is there some maxim, phrase, or principle that illustrates that position (e.g. "innocent until proven guilty" is a phrase for a different legal…
Allure
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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 image, personal pride and further career…
Greendrake
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Is the judge allowed to nullify laws?

If a jury disagrees with a law, it's allowed to exercise a right known as jury nullification. However, what about civil cases (e.g., in a Superior Court in California) that are presided by a judge alone, with neither plaintiff nor defendant…
cnst
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Does being overturned on appeal have consequences for the careers of trial judges?

Would a 95% rate of being overturned on appeal have any effect on a judge's career?
Jon
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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 applies in Australia is the law of…
Greendrake
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Is it error of law to judge on less relevant case law when there is much more relevant one?

A judge in a civil case makes a judgment justifying it by similar decision made in somewhat relevant case. A party to the case is dissatisfied with the judgment. They find a more recent and, more importantly, much more closely related case (same…
Greendrake
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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 Supreme Court precedent? Is there any punishment…
Digital fire
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When does a judge decide to address issues outside the scope of a specific case?

In a 2012 case, Associate Chief Justice of the Court of Queen’s Bench (now King's Bench) of Alberta, J.D. Rooke, wrote a decision which ran to 176 pages and contained what was…
TRiG
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What requirements, if any, do judges have to render timely decisions?

Are there any statutes or rules that compel judges to render timely decisions on matters that they hear? I.e., if a motion or case is brought before a court is there anything preventing a judge from taking months or years to issue an order or…
feetwet
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