How do judges decide?

Asked by: Kathryn Wunsch  |  Last update: November 4, 2022
Score: 4.5/5 (42 votes)

Someone must decide what the facts are, identify the relevant legal norm or standard, and then determine whether and to what extent the legal norm or standard governs. That is the role of the judge: to interpret the standard and decide whether or not it applies to the facts of the case.

Do judges actually make decisions?

Decisions are based on constitutional provisions, statutes, previous cases and procedural rules. Court opinions are not based on – nor do they necessarily reflect – the personal views of any judge on the court.

What are the 4 core factors that determine how judges decide in court cases?

What are the core factors that determine how judges decide in court cases? Legal, Personal, ideological and political influences.

When a judge makes a decision what is it called?

Adjudication: A decision or sentence imposed by a judge.

Who makes the final decision in court?

Trials in criminal and civil cases are generally conducted the same way. After all the evidence has been presented and the judge has explained the law related to the case to a jury, the jurors decide the facts in the case and render a verdict. If there is no jury, the judge makes a decision on the case.

How Do Judges Decide Cases?

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Can you disagree with a judge's decision?

One option available to a party disagreeing with the Judge's decision is to file a Motion to Reconsider and Notice of Motion with 30 days of the judgment date.

What do judge say at the end?

Judge: (After verdict is read) Thank you, Jury, for your service today. Court is adjourned. Any attorney may object to a question asked of a witness on the stand or the admission of an exhibit if s/he feels that it does not follow a rule of evidence.

Can judges do whatever they want?

Because judges have no accountability, they can do whatever they please. Judges are the only public officials with no accountability, and they want to keep it that way. The fact that we allow judges to indulge their whims is our collective shame.

Can a judge be wrong?

The judge must have made a mistake in applying the law to the facts of the case or must have reached a decision that is clearly unjust. Family court cases are also sometimes reversed based upon decisions to include or exclude certain evidence by the court.

What are 3 types of judgement?

Three Kinds of Judgement
  • Analytic judgements have no descriptive content.
  • Synthetic judgements have just descriptive content.
  • Evaluative judgements go beyond descriptive content.

How do judges decide hard cases?

The discretion thesis asserts that judges decide hard cases by making new law. While it is often assumed that these theses form a coherent theoretical whole, such an assumption is false. Construed as a claim about all possible legal systems, the discretion thesis is inconsistent with the pedigree thesis.

What factors may influence a justices decision?

Judicial decisions are also affected by various internal and external factors, including legal, personal, ideological, and political influences.

How long does a judge take to make a decision?

In a survey we did of readers who had been to an appeal hearing recently, the average wait time for a decision was eight weeks, though 40% of readers received a decision letter within four weeks, and 40% had to wait 10 weeks or more.

Do judges make law or declare it?

Judges do not make law because the existing law provides all the resources for their decisions. A judge does not decide a case in a legal vacuum but on the basis of existing rules, which express, and, at the same time, are informed by, underlying legal principles.

Can a judge insult you?

The state supreme court rejected this First Amendment defense in its Aug. 5 opinion in In the Matter of Eiler, writing that “judges do not have a right to use rude, demeaning, and condescending speech toward litigants.”

Can a judge yell at you?

The lesson is that, apparently, judges will yell at anyone at any time, so get ready for it.

Who holds judges accountable?

Home. The Commission on Judicial Performance, established in 1960, is the independent state agency responsible for investigating complaints of judicial misconduct and judicial incapacity and for disciplining judges, pursuant to article VI, section 18 of the California Constitution.

Do judges have absolute power?

The U.S. Supreme Court has made clear that when judges perform judicial acts within their jurisdiction, they are absolutely immune from money damages lawsuits. When judges act outside their judicial function, such as in supervising their employees, they do not have absolute IMMUNITY.

Who has the most power in a courtroom?

The Supreme Court is the most powerful court of law in the United States. It was authorized by Article III, Section 1 of the Constitution. It says, "the judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."

What can judges not do?

A judge should not allow family, social, political, financial, or other relationships to influence judicial conduct or judgment.

Can you call judge Sir?

In person: In an interview, social event, or in court, address a judge as “Your Honor” or “Judge [last name].” If you are more familiar with the judge, you may call her just “Judge.” In any context, avoid “Sir” or “Ma'am.” Special Titles.

How do you impress a judge in court?

Be clean.
  1. Be clean. It is important to wear neat and clean clothes when you are going to court. ...
  2. Stand when the judge enters the room. ...
  3. Address the judge as 'Your Honor. ...
  4. Be audible. ...
  5. Use proper language and speak in complete sentences. ...
  6. Prepare before every hearing. ...
  7. Be polite and respectful. ...
  8. Be punctual.

What happens if you don't say Your Honor?

If a judge decides that an individual is being discourteous on purpose, he or she can label that person as being in contempt of court. People who are in contempt of court can be detained or even arrested and sentenced to jail.

What happens if a judge is unfair?

In a matter of any grievance relating to delay in judgement or not a fair judgement or miscarriage of Justice, the petitioner is suggested to go for judicial remedy by making an appeal or any other events before the appropriate Court of Law within the allotted time limit.

Can a judge's decision be overturned?

The most obvious way in which individual judges are accountable is through the right of the party to the proceedings to appeal any judicial decision, in some cases through several higher courts. In this way the losing party is able to have the decision reviewed by another independent judge or judges.