Action, Case, Suit, Lawsuit: These words refer to a legal dispute brought into court for a hearing or trial. Parties: The plaintiff and defendant in the case - also called the “litigants.”
Judicial misconduct occurs when a judge acts in ways that are considered unethical or otherwise violate the judge's obligations of impartial conduct.
Common complaints of ethical misconduct include improper demeanour; failure to properly disqualify when the judge has a conflict of interest; engaging in ex parte communication and failure to execute their judicial duties in a timely fashion.
Adjudication: A decision or sentence imposed by a judge.
File a Grievance if the Judge Behaves Unethically Judges who behave rudely or who tilt decisions based on their personal interests or biases may be subject to professional discipline. A party may file a formal grievance against state or federal judges.
Judicial corruption means 'all forms of inappropriate influence that may damage the impartiality of justice and may involve any actor within the justice system, including, but not limited to, judges, lawyers, administrative Court support staff, parties and public servants'.20.
The phrase judicial accountability describes the view that judges should be held accountable in some way for their work. This could be public accountability—getting approval from voters in elections—or accountability to another political body like a governor or legislature.
Which term means allegations of judicial wrongdoing? impeachment.
No. Judges cannot be sued for anything they do in the course of their judicial function. Even if a judge were to deal with your case in the most appalling conceivable way, you would not be able to sue him.
Overview. Generally, res judicata is the principle that a cause of action may not be relitigated once it has been judged on the merits. "Finality" is the term which refers to when a court renders a final judgment on the merits.
You use jargon to refer to words and expressions that are used in special or technical ways by particular groups of people, often making the language difficult to understand. [...]
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.
When a defendant, in a criminal case, claims that the judge showed bias, the record from the trial is reviewed to see if the defendant was deprived his or her due process of law.
n. the predisposition of a judge, arbitrator, prospective juror, or anyone making a judicial decision, against or in favor of one of the parties or a class of persons. This can be shown by remarks, decisions contrary to fact, reason or law, or other unfair conduct.
Judicial misconduct may include off-the-bench conduct such as criminal behavior, improper use of a judge's authority, publicly commenting on a pending or expected court case, and giving or receiving bribes or favors.
You have the constitutional right to a fair trial. Part of that right includes the right to a fair judge. If you believe your judge has a bias against you or your lawyer, you can file a motion for the judge to recuse themselves. Courts don't grant these motions a lot, but it is possible.
To make such a request is "to appeal" or "to take an appeal.". Both the plaintiff and the defendant can appeal, and the party doing so is called the appellant. Appeals can be made for a variety of reasons including improper procedure and asking the court to change its interpretation of the law.
The plaintiff initially decides where to bring the suit, but in some cases, the defendant can seek to change the court. (2) The geographic area over which the court has authority to decide cases. A federal court in one state, for example, can usually only decide a case that arose from actions in that state.
Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons. plaintiff - The person who files the complaint in a civil lawsuit. plea - In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges in open court.
bail - Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
A. acquittal - Judgment that a criminal defendant has not been proven guilty beyond a reasonable doubt. affidavit - A written statement of facts confirmed by the oath of the party making it. Affidavits must be notarized or administered by an officer of the court with such authority.
appellate - About appeals; an appellate court has the power to review the judgment of another lower court or tribunal. arraignment - A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
charge to the jury - The judge's instructions to the jury concerning the law that applies to the facts of the case on trial. chief judge - The judge who has primary responsibility for the administration of a court. The chief judge also decides cases, and the choice of chief judges is determined by seniority.
1 a person who impartially decides or resolves a dispute or controversy. their father always played the role of judge when there was a disagreement between the siblings. Synonyms for judge. adjudicator, arbiter, arbitrator, referee, umpire. 2 a public official having authority to decide questions of law.
Some common synonyms of judge are conclude, deduce, gather, and infer. While all these words mean "to arrive at a mental conclusion," judge stresses a weighing of the evidence on which a conclusion is based.
Specifically, conclude implies arriving at a necessary inference at the end of a chain of reasoning.
Deduce often adds to infer the special implication of drawing a particular inference from a generalization.
While the synonyms infer and judge are close in meaning, infer implies arriving at a conclusion by reasoning from evidence; if the evidence is slight, the term comes close to surmise.
arbitrator, referee, umpire. 2 a public official having authority to decide questions of law. the judge gave the defendant a suspended sentence. Synonyms for judge. adjudicator, beak. [ chiefly British],
In some situations, the words gather and judge are roughly equivalent. However, gather suggests an intuitive forming of a conclusion from implications.
U.S. District Judge Richard Daronco was shot and killed in the front yard of his Pelham, New York, home in 1988. Circuit Judge Robert Vance was killed instantly in 1989 when he opened a mail bomb sent to his house. District Judge John Roll perished in 2011 after he was shot in the back at an event for Congresswoman Gabrielle Giffords, ...
The FBI has not revealed a motive for the attack at Salas’ North Brunswick home, but investigators say that Roy Den Hollander, a lawyer who had voiced his support for President Donald Trump and gained notoriety for filing anti-feminist lawsuits and firing off thousands of pages of misogynistic and racist screeds, is the primary suspect.
Four federal judges have been murdered in the last four decades. Hitman Charles Harrelson (father of the actor Woody Harrelson) assassinated U.S. District Judge John Wood outside the jurist’s home in 1979. U.S. District Judge Richard Daronco was shot and killed in the front yard of his Pelham, New York, home in 1988.
If there is a credible threat, local law enforcement or court security could step in, but that varies from county to county and state to state, Hall says. There are no hard numbers on personal security details, he says, but the center is conducting a survey through the Conference of Chief Justices and Conference of State Court Administrators to get more information about what different courts across the country have in place.
Hall says that the National Center for State Courts has done 300 courthouse building assessments since 2005. In the past eight years, he has not seen security details for trial judges outside of the courthouse, although they may receive a home security audit and personal safety training. He says that in some cases, courts assign bailiffs or marshals to judges during business hours, but that “this is not typical.”
According to pleadings filed with the Louisiana Supreme Court, Mire filed an appeal in the Louisiana Court of Appeal that included vigorous criticisms of Phyllis Keaty, a district court judge who presided over a family law case in which Mire was representing one of the parties.
Justice John L. Weimer cautioned that the court should not “create an environment in which an attorney, who is duty-bound to report concern about our judicial system, will become too timid in lodging a concern due to fear of being disciplined.”.
On the basis of Mire’s pleadings, the Office of Disciplinary Counsel filed charges, including an allegation that she had violated Rule 8.2 (a) of the Model Rules, which states: “A lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge, adjudicatory officer or public legal officer, or of a candidate for election or appointment to judicial or legal office.”
(The appeals court later ordered Keaty removed from the case because of a “community interest.”)
The Louisiana Rules of Professional Conduct follow Model Rule 8.2 word for word. (The ABA Model Rules are the primary basis for binding ethics rules in almost every state, although California sets forth its rules using a different format from the Model Rules.) According to pleadings filed with the Louisiana Supreme Court, ...
The rule echoes the standard in libel law articulated by the U.S. Supreme Court in New York Times Co. v. Sullivan, decided in 1964. In that decision, the court held that public officials who sue for defamation must show that a defendant made false statements with “actual malice”—knowing the statement was false or acting in reckless disregard ...
The state supreme court further found that “no evidentiary support” existed for the allegation that Judge Keaty added statements to the record that were not originally made at the hearing. The court found “even more disturbing” the statements Mire made that the appeals court was covering up Keaty’s actions.
If judges do not take personal attacks into account when making decisions or rulings that means the caustic words in your pleadings have no weight or value. The evidentiary objection for such attacks would be that they are irrelevant (and maybe lack foundation).
Judges are extremely wise and street smart. They can detect when a lawyer is telling lies or misrepresenting facts and law. Judges do not need you to tell them what they can discern. Judges know a liar when they see one. They know who the jerks are. Judges rule in your favor because the law was on your side and your arguments were persuasive, not because you were an aggressive attacker.
Example: If opposing counsel misstates an appellate opinion, and you know it is intentional, don’t call opposing counsel a liar.
Some lawyers take personal pleasure by being condescending, insulting and disrespectful. They relish the opportunity to fill their pleadings with ridicule and insults. Those lawyers take great pleasure knowing their personal attacks are now a matter of public record.
You must realize that from the court’s perspective, any form of personal attack is unacceptable and not permitted. Of all things judges complain about when reading lawyers’ papers, judges universally dislike lawyers using pleadings to throw rocks at each other.
You must realize that from the court’s perspective, any form of personal attack is unacceptable and not permitted.
No attack warrants a response from you. Don’t be baited into slinging mud back at opposing counsel. The court does not know “who started it” nor does the court care. All the judge sees is, “Here are another two lawyers in a pissing match.”. Don’t sink to bellicose counsel’s level and respond in kind.
Judges can help stop abusive litigation with a specific court order: Order Restricting Abusive Litigation. The Order Restricting Abusive Litigation can: Prohibit abusive litigants from filing new lawsuits without the court's authorization. Limit the number of allowable court filings. Limit the scope of discovery.
If you are experiencing abusive litigation, notify the court and ask the court to take action. You or your lawyer can file a Motion to Restrict Abusive Litigation along with a proposed Order on Motion to Restrict Abusive Litigation. See Resources below for links to these forms.
Abusive litigation is when someone uses the legal system to take power and control over you. It is common in domestic violence cases. Even if you have left your abuser, he or she can cause psychological, emotional, and financial harm by taking you—and even your friends and relatives—to court again and again.
Filing contempt motions against you for no reason. Describing you as an unfit parent and/or requesting mental health evaluations. Filing unnecessary ("frivolous") motions, appeals, motions for revision, or motions for reconsideration, forcing you back into court.
The phrase officer of the court means (according to dictionary.law.com) any person who has an obligation to promote justice and effective operation of the judicial system , including judges, the attorneys who appear in court, bailiffs, clerks and other personnel.
any person who has an obligation to promote justice and effective operation of the judicial system, including judges, the attorneys who appear in court, bailiffs, clerks and other personnel. As officers of the court lawyers have an absolute ethical duty to tell judges the truth, including avoiding dishonesty or evasion about reasons the attorney or his/her client is not appearing, the location of documents and other matters related to conduct of the courts.
Lawyers and Judges, for as different as their roles may be, still work in the same system, and share many skills, even if their jobs involve vary different application of said skills.