What can influence a judge's decision?

What not to say to a judge in court?

Don't lie about anything, not even white [small] lies. If you are discovered to be lying, the judge may find it hard to believe you when you are telling the truth. Don't argue with the questioner. Don't ask questions back: “What would you do if…”

How to make a judge believe you?

If you are halting, stumbling, hesitant, arrogant, or inaccurate, the judge and the jury may doubt that you are telling all the facts in a truthful way. The witness who is confident and straightforward will make the court and the jury have more faith in what he or she is saying.

How do judges decide cases?

The trial judge's decisionmaking must determine what are the facts and the proper application of the law to these facts. To bring order to the confusion of contested facts and theories of law, the trial judge decides cases by hypothesis or a series of tentative hypotheses increasing in certainty.

What are the five factors that influence the court?

Is the Hungry Judge effect real?

The hungry judge effect was thought to predict greater human kindness after the break of the Ramadan fast. However, the opposite has been observed in experimental studies. Observant participants showed greater kindness while fasting and less so after breaking their fast.

What limits a judge's decision making authority?

The decision-making authority of a judge is primarily limited by the principle of stare decisis. This Latin term refers to the practice of courts to abide by or adhere to principles established by decisions in earlier cases.

Can a judge go back and change his ruling?

The request for reconsideration must clearly show an error of fact or law material to the decision. The Judge may also reconsider a decision on his or her own initiative.

Who holds a judge accountable?

Commission on Judicial Performance is an independent state agency responsible for investigating complaints of judicial misconduct and judicial incapacity and for disciplining state judges (see article VI, section 18 of the California Constitution).

What factors does a judge consider when determining sentencing?

What are the five forces that influence court decisions?

What are the five forces that shape the decisions the Court makes? Existing laws, the personal views of the justices, the justices' interactions with one another, social forces and public attitudes, Congress and the president.

What are three additional factors that impact a judge's decisions?

5 To Haines, the factors most likely to influence judicial decisions are: (1) "direct influences" which include: (a) legal and political experiences; (b) political affiliations and opinions; and (c) intellectual and temperamental traits; and (2) "indirect and remote influences" which include: (a) legal and general ...

What three things do courts decide?

Federal courts decide disputes involving the U.S. Constitution, federal laws, disputes between states, and disputes involving more than $75,000 between residents of different states. At both the federal and state levels there are two kinds of courts: the trial court and the appellate court.

What are the factors that a court considers when trying to determine if someone was acting within the course and scope of their employment?

In such cases, the conduct of an employee is within the scope of their employment only if the conduct is of the kind the employee is hired to perform, the conduct occurs substantially within the time and space limits authorized or required by the work to be performed, and the conduct is activated at least in part by a ...

How do they decide who goes first in court?

The side bringing the case is the side that bears the burden of proof, and thus always goes first. This is the prosecuting attorney in a criminal case, or the plaintiff in a civil case. The defense then follows with their opening statement.

How do they decide who wins court cases?

A single judge presides over (or manages) the case. And the case is decided by either a judge or a jury. Someone wins, and someone loses. The loser might decide to appeal the district court's ruling by having the next level of court (the court of appeals) take a look at the case.

What if a judge ignores the law?

If you feel the judge committed misconduct, what you can do would be to report him to your state's judiciary committee. If what he did is serious enough, he could be unseated, even potentially disbarred.

How to win a judge's favor?

Judges expect advocates to present arguments completely and honestly. Completely means knowing the record as well the adversary's con- tentions. Honestly means presenting all information accurately, even if that requires the advocate to concede some points. a trial or appellate judge is to win.

What can't you say to a judge?

Do Not Exaggerate, Mislead, or State Anything Untrue. It goes without saying that you should never lie to a judge (that is perjury), but you should also avoid exaggerating the facts or misleading the court about any issue. Most judges can sense when a witness is stretching the truth, and they do not appreciate it.

What do judges want to hear?

At the end of the day, a judge wants to hear three things: accountability, responsibility, and remorse. They also want to hear your reasoning. Why did you commit the crime in the first place?