whenever a judge or attorney acts where he/she

Do judges have to follow the law?

If a judge does not fully comply with the Constitution, then his orders are void, In re Sawyer, 124 U.S. 200 (1888), he/she is without jurisdiction, and he/she has engaged in an act or acts of treason. TREASON BY A JUDGE Whenever a judge acts where he/she does not have jurisdiction to act, the judge is engaged in an act or acts of treason. U.S. v.

When is a judge engaged in an act of treason?

If a judge does not fully comply with the Constitution, then his orders are void, In re Sawyer, 124 U.S. 200 (1888), he/she is without jurisdiction, and he/she has engaged in an act or acts of treason. TREASON Whenever a judge acts where he/she does not have jurisdiction to act, the judge is engaged in an act or acts of treason. U.S. v.

What happens if a judge does not comply with the Constitution?

If a judge does not fully comply with the Constitution, then his orders are void, In re Sawyer, 124 U.S. 200 (1888), he/she is without jurisdiction, and he/she has engaged in an act or acts of treason. Whenever a judge acts where he/she does not have jurisdiction to act, the judge is engaged in an act or acts of treason.

When is a judge a trespasser of the law?

Whenever any officer of the court commits fraud during a proceeding in the court, he/she is engaged in "fraud upon the court". In Bulloch v. United States, 763 F.2d 1115, 1121 (10th Cir. 1985), the court stated "Fraud upon the court is fraud which is directed to the judicial machinery itself and is not fraud between the parties or fraudulent ...

What is the role of the judge and the attorneys?

In cases with a jury, the judge is responsible for insuring that the law is followed, and the jury determines the facts. In cases without a jury, the judge also is the finder of fact. ... If the defendant cannot afford to hire a lawyer, the judge must appoint a lawyer to them. The judge also sets the bail.

When a judge makes a decision what is it called?

Adjudication: A decision or sentence imposed by a judge.

What does the judge do?

They lead court proceedings, use established laws and guidance to determine sentencing, and rule on the constitutionality of various laws and legal precedents. We must ensure that anyone who serves as a judge is fair minded.

What is the relationship between judge and lawyer?

Actually judges and lawyers are complementary to each other. The primary duty of the lawyer is to inform the court as to the law and facts of the case and to aid the court to do justice by arriving at the correct conclusions. Good and strong advocacy by the counsel is necessary for the good administration of justice.

What is an attorney called?

A lawyer (also called attorney, counsel, or counselor) is a licensed professional who advises and represents others in legal matters. Today's lawyer can be young or old, male or female.Sep 10, 2019

What is the legal terminology?

Specialized terminology refers to words that are specific to the legal profession. ... Some specialized terms originated within the legal system for the purpose of conveying meanings specific to law.

What is the role of judge in India?

A judge is a person who can exercise and enforce laws within a limited jurisdiction. They hold the public office vested with the authority to hear, determine and preside over legal matters brought into the court of law.Nov 6, 2021

What does a lawyer do?

Lawyers typically do the following: Advise and represent clients in courts, before government agencies, and in private legal matters. Communicate with their clients, colleagues, judges, and others involved in the case. Conduct research and analysis of legal problems.Sep 8, 2021

What is the judge's name?

A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges....Judge.Judges at the International Court of JusticeOccupationNamesJudge, justice, magistrateOccupation typeProfessionActivity sectorsLaw, Justice4 more rows

Are lawyers and judges the same?

A lawyer is defined as the person who practices law and judge is a person who presides over court proceedings. ... The lawyer is required to prepare a case for their clients. The judge on the hand hears all the pleas and pieces of evidence presented by the witness and other parties of the case.

What does bar mean law?

In reality, the word “bar” as it relates to the legal practice describes the railing or partition in a courtroom that separated the judges, attorneys, jury, and parties to the action from the general public. In England, barristers were legal professionals called to the “bar” as advocates for another person.Dec 31, 2020

Who is called senior advocate in India?

A lawyer, with his consent, may be designated as senior advocate if the Supreme Court or a High Court is of that opinion that by virtue of his ability, standing at the Bar or special knowledge or experience in law, he is deserving of such distinction.

Is there probable cause to arrest?

There is no escaping the fact that there is no probable cause in a civil matter to arrest or issue body attachment. "Probable cause" to arrest requires a showing that both a crime has been, or is being committed, and that the person sought to be arrested committed the offense.

Is a judge a state officer?

By law, a judge is a state officer. The judge then acts not as a judge, but as a private individual (in his person). The U.S. Supreme Court has stated that "No state legislator or executive or judicial officer can war against the Constitution without violating his undertaking to support it.". Cooper v.

Does federal law supersede state law?

Remember, federal law supersedes the state law and each and every state law HAS to defer to the federal law and ultimately to the United States Constitution, which is incorporated into every state's constitution, hence the judge would be violating the state constitution too. 2- Rights and expectation under the law for the pro se litigant.

What is fraud upon the court?

Fraud Upon the Court is where the Judge (who is NOT the "Court") does NOT support or uphold the Judicial Machinery of the Court. The Court is an unbiased, but methodical "creature" which is governed by the Rule of Law... that is, the Rules of Civil Procedure, the Rules of Criminal Procedure and the Rules of Evidence, all which is overseen by Constitutional law. The Court can ONLY be effective, fair and "just" if it is allowed to function as the laws proscribe. The sad fact is that in MOST Courts across the country, from Federal Courts down to local District courts, have judges who are violating their oath of office and are NOT properly following these rules, (as most attorney's do NOT as well, and are usually grossly ignorant of the rules and both judges and attorneys are playing a revised legal game with their own created rules) and THIS is a Fraud upon the Court, immediately removing jurisdiction from that Court, and vitiates (makes ineffective - invalidates) every decision from that point on. Any judge who does such a thing is under mandatory, non-discretionary duty to recuse himself or herself from the case, and this rarely happens unless someone can force them to do so with the evidence of violations of procedure and threat of losing half their pensions for life which is what can take place. In any case, it is illegal, and EVERY case which has had fraud involved can be re-opened AT ANY TIME, because there is no statutes of limitations on fraud.

How long is a person sentenced to death?

Punishment varies from a fine or imprisonment of up to ten years , or both; and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title or imprisoned for any term of years, or for life.

What is the supremacy clause?

Supremacy Clause, Article VI, Clause 2 of the United States Constitution. When a judge acts intentionally and knowingly to deprive a person of his constitutional rights he exercises no discretion or individual judgment; he acts no longer as a judge, but as a " minister" of his own prejudices. [386 U.S. 547, 568].

Can a judge recuse himself from a case?

Any judge who does such a thing is under mandatory, non-discretionary duty to recuse himself or herself from the case, and this rarely happens unless someone can force them to do so with the evidence of violations of procedure and threat of losing half their pensions for life which is what can take place.

Is a judge a federal or state judge?

A judge is an officer of the court, as well as are all attorneys. A state judge is a state judicial officer, paid by the State to act impartially and lawfully. A federal judge is a federal judicial officer, paid by the federal government to act impartially and lawfully. State and federal attorneys fall into the same general category and must meet the same requirements. A judge is not the court. People v. Zajic, 88 Ill.App.3d 477, 410 N.E.2d 626 (1980).

Do judges have discretion to disqualify themselves?

Balistrieri, at 1202. Judges do not have discretion not to disqualify themselves. By law, they are bound to follow the law. Should a judge not disqualify himself as required by law, then the judge has given another example of his "appearance of partiality" which, possibly, further disqualifies the judge.

Is it a crime to be deprived of any rights, privileges, or immunities secured or protected

This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S.