How Do Judges Decide Cases?

What are the 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.

Discuss some of the difficulties involved in the implementation and enforcement of judicial decisions..

Do judges decide the law?

Judges “must interpret the law, not make the law,” observed Judge Brett Kavanaugh in accepting Donald Trump’s designation to fill Justice Anthony Kennedy’s seat on the Supreme Court. … The justices of the court who write these opinions are unquestionably engaged in making law, not merely in applying law.

What do judges base their decisions on?

Judges base their decisions on precedents set in similar cases.

What if a judge ignores the law?

Case Law also states that when a judge acts as a trespasser of the law, when a judge does not follow the law, he then loses subject matter jurisdiction and the Judges orders are void, of no legal force or affect.

A comprehensive brief includes the following elements:Title and Citation.Facts of the Case.Issues.Decisions (Holdings)Reasoning (Rationale)Separate Opinions.Analysis.

How long does it take for a judge to make a decision on a motion?

Decisions. If the motion or OSC can’t be settled, the Judge will make a decision. Sometimes, the Judge makes a decision right away. If not, the Judge has 60 days by law to decide the motion.

Why did the Constitution’s framers chose lifetime terms?

Explain one positive and one negative aspect of the lifetime term of office for judges and justices in the federal court system. Why do you believe the constitution’s framers chose lifetime terms? … The existence of the dual court system is an unnecessary duplication to some but beneficial to others.

How do I choose a case?

In order for the case to be heard, four justices must agree to hear the case. This is known as the Rule of Four. If four justices vote to hear the case, then it is placed onto the court’s docket and the parties and their attorney’s are notified that the Supreme Court agrees to hear the case.

Do judges decide cases on the basis of what they personally think is right?

Our personal opinions or public sentiment about the merits or morality of certain laws simply are not factors in judicial decision making. We are charged to interpret the laws and to protect the constitutional rights of all citizens, regardless of power or position.

Do common law judges create law?

Judge-made law When using common law judges decide cases along the lines of earlier decisions made in similar cases (‘precedents’). … These interpretations then become part of the common law.

Are judges allowed to show emotion?

“A judge must not only be impartial, but appear to be impartial. A judge must be fair and appear to be fair,” she said. For Corbett, there is no room for emotion in the courtroom. “Decisions should not be made based on emotion,” she said.

What does the judge say in court?

The Judge will now pass sentence of the verdict is GUILTY or release the Defendant if found NOT GUILTY. The Judge will then say, “This court is adjourned.” The Bailiff will say, “All rise”. When everybody is standing, the Judge will leave the bench.

How do judges decide?

A judge decides if an accused gets out of jail pending trial, whether or not evidence is admissible, and how to instruct a jury regarding the law. Judges decide if someone should be sentenced to jail or prison, or placed on probation, and for how long.

How a lawyer asks the judge to make a decision?

brief – A written statement submitted by the lawyer for each side in a case that explains to the judge(s) why they should decide the case (or a particular part of a case) in favor of that lawyer’s client.

What are the steps in court process?

Investigation.Charging.Initial Hearing/Arraignment.Discovery.Plea Bargaining.Preliminary Hearing.Pre-Trial Motions.Trial.More items…

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.

What happens at the first appearance in court?

Initial Appearance – At the initial appearance, the judge determines the defendant’s name and address, informs the defendant of the charges and of the right to remain silent and to have an attorney. The judge appoints an attorney if the defendant cannot afford one and sets the conditions for release from jail.

What factors affect judicial decision making?

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 …

How do Supreme Court justices decide how do you rule in a case?

Typically, the Court hears cases that have been decided in either an appropriate U.S. Court of Appeals or the highest Court in a given state (if the state court decided a Constitutional issue). The Supreme Court has its own set of rules. According to these rules, four of the nine Justices must vote to accept a case.

Why you should never take a plea bargain?

In addition, a guilty plea May haunt you for the rest of your life because it may result in a guilty finding that cannot be expunged from your record. In addition, if you’re found guilty and placed on a period of Probation, and during that period of probation you violate, you could be facing substantial jail time.

Is it better to plead or go to trial?

Having a guilty plea or a no contest plea on the record will look better than having a conviction after a trial. This is partly because the defendant likely will plead guilty or no contest to a lesser level of offense or to fewer offenses.