when an attorney files a petition with the court who decides which judge will preside over the case

by Dr. Maeve Hammes PhD 4 min read

Through a petition, you ask a state court to make a decision for you regarding a legal dispute you have. You then become the "petitioner," while the other side is referred to as the "respondent." The respondent could be another person, several people, or a business.

Full Answer

What does it mean to file a petition in court?

Aug 07, 2020 · Though specific state laws will differ, typically your attorney must file a motion requesting a new judge. The motion will outline the reasons why the judge should be changed and include the documentation and evidence. The judge might receive the motion and recuse themselves from the case, though they are under no obligation to do so.

How to petition the court without an attorney?

The court decides whether the child will stay in the home ... Judge: Presides over the courtroom and decides whether abuse or neglect has occurred and whether the child ... lawyer that the court assigns at the time a petition is filed (if the family qualifies for financial assistance) or one

Can a judge who once prosecuted the defendant’s case preside over it?

Jan 12, 2021 · Instead, the Judge will issue a written decision which is usually mailed (or emailed) to the attorneys. Typically, a Judge’s written decision will come in 2 – 4 weeks after the conclusion of the trial. A Judge will be one of the most important parts of your divorce matter. Each Judge handles their divorce cases differently.

How does the Court of Appeals decide a case?

Jan 07, 2020 · Decide what court you need to use. For most cases, you'll likely use the county court in the county where you live. These are usually courts of "general jurisdiction," which means they can hear cases about nearly any legal dispute. If the respondent lives far away, you may have to file your petition in a court closer to them.

Who decides the judge?

the PresidentSupreme Court justices, court of appeals judges, and district court judges are nominated by the President and confirmed by the United States Senate, as stated in the Constitution.

What is the name of a request for a judge to make a decision?

In United States law, a motion is a procedural device to bring a limited, contested issue before a court for decision. It is a request to the judge (or judges) to make a decision about the case.

Who decides what cases go to the Supreme Court?

How are Supreme Court Justices selected? The President nominates someone for a vacancy on the Court and the Senate votes to confirm the nominee, which requires a simple majority. In this way, both the Executive and Legislative Branches of the federal government have a voice in the composition of the Supreme Court.

How do judges come to a decision in a case?

On the one hand, judges decide by interpreting and applying the law, but much more affects judicial decision-making: psychological effects, group dynamics, numerical reasoning, biases, court processes, influences from political and other institutions, and technological advancement.

Who is defendant in court case?

A defendant is a person who has been accused of breaking the law and is being tried in court.

What is the person that initiates a lawsuit?

Plaintiff – A person who initiates a civil lawsuit.

In what case decided in 1803 did the U.S. Supreme Court claim the authority of judicial review?

The U.S. Supreme Court case Marbury v. Madison (1803) established the principle of judicial review—the power of the federal courts to declare legislative and executive acts unconstitutional. The unanimous opinion was written by Chief Justice John Marshall.Jun 7, 2021

How are cases argued and decided by the Supreme Court?

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.

How are judges nominated and confirmed?

Supreme Court justices, court of appeals judges, and district court judges are nominated by the President and confirmed by the United States Senate, as stated in the Constitution.

Who makes the final decision in court?

judgeSometimes when the facts are not in dispute, the judge makes a final decision based only on papers filed by the parties and the law that applies. A party who does not like a judgment can appeal, and some kinds of orders can be appealed. Most appeals in California go first to the Court of Appeal.

What are judges decisions based on?

As stated, Formalists recite that judicial decisions are the products of two fixed elements: the facts and the rule of law. A judge's decision is the result of the addition of these two elements; it is, thus, often predictable.

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

“Judges are using their own opinions to decide cases, and their opinions are shaped by their background,” she said. “So background really matters, from their experiences to where they grew up.May 18, 2009

What Happens If You Want to Change Judges?

Changing judges is a common request and each state handles it differently. Many states allow you to easy change a judge if you request the change e...

Can I Change The Judge If I Don’T Like How They Are Handling My Case?

Simply not agreeing with what the judge decides on an issue will almost never be a sufficient reason to change judges. Since every ruling will hurt...

Do I Need An Attorney to Change Judges?

The judge that proceeds over your trial will have a significant impact on your case. You may want to research the judge you have been assigned long...

Bias and Recusals

  • A "recusal" occurs when a judge who would have heard a casedoesn't preside over it. The judge is removed from the case, whether because ofa motion by the prosecution or defense or because of the judge's independentdecision. Recusals usually happen because of some kind of conflict of interest.
See more on nolo.com

Prosecutor, Then Judge

  • In Williams v.Pennsylvania, Williams had been convicted of murder and sentenced todeath. His lawyers fought the conviction and sentence over the course of manyyears. Eventually, a Pennsylvania court stayed the defendant's execution andordered a new sentencing hearing. (579U. S. ____ (2016).) The Pennsylvania Supreme Court vacatedthe orderfor a new sentencing …
See more on nolo.com

"Significant, Personal Involvement"

  • Basing its decision on the 14th Amendment's Due ProcessClause, the U.S. Supreme Court concluded that the chief justice had to berecused. It commented that a likelihood of bias by a judge that "is too high tobe constitutionally tolerable" requires recusal. More specifically, it decidedthat a judge who has had "significant, personal involvement as aprosecutor in a critical d…
See more on nolo.com

Getting Help

  • If you want to know about your options as a criminaldefendant, consult a lawyer with experience in your jurisdiction.Rules and practices vary. For example, lots of states have rules on judicialrecusal that are stricter than the Williamsholding.
See more on nolo.com