judge

Examples of judge in the following topics:

• The Last Days of the Federal Presidency: The Midnight Judges

  • Chief Justice Marshall's decision about "midnight judges" gave the Court authority to declare the constitutionality of congressional and presidential acts.
  • As his term was expiring, Adams filled several vacancies in the federal courts with Federalist judges, who could be depended upon to protect Federalist legislation from the ascending Democratic-Republicans.
  • This appointment of the so-called "midnight judges" to the Supreme Court angered Democratic-Republicans, and Jefferson refused to allow the midnight judges (including William Marbury) to take office .
  • Madison, Justice Marshall defined the Court's judicial power as the authority to judge the actions of the other two federal branches of government—claiming that judicial review was a logical and implicit principle established in the Constitution.
  • William Marbury (1762–1835) was one of the "midnight judges" appointed by United States President John Adams the day before he left office.

• Judicial Activism and Restraint

  • Judicial activism is based on personal/political considerations and judicial restraint encourages judges to limit their power.
  • The phrase is generally traced back to a comment by Thomas Jefferson, referring to the despotic behavior of Federalist federal judges, in particular, John Marshall.
  • Judicial restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their own power.
  • It asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional, though what counts as obviously unconstitutional is itself a matter of some debate.
  • Judicially-restrained judges respect stare decisis, the principle of upholding established precedent handed down by past judges.

• The Nomination Process

  • Every judge appointed to the court may be categorized as a federal judge with approval from the Senate.
  • The president nominates all federal judges, who must then be approved by the Senate .
  • The appointment of judges to lower federal courts is important because almost all federal cases end there.
  • Once in office, federal judges can be removed only by impeachment and conviction.
  • Federal judges, such as Supreme Court Justices, must be nominated.

• U.S. Court of Appeals

  • Appeals are then passed to a panel of three judges working together to make a decision.
  • These judges base their decision on the record of the case established by the trial court or agency.
  • The appellate judges do not receive any additional evidence or hear witnesses.
  • Oral argument consists of a structured discussion between the appellate lawyers and the panel of judges on the legal principles in dispute.
  • Each side is given a short time to present their arguments to the judges.

• Notes

  • Contextualizing these people, their views and opinions in the cultural milieu of their day should allow the astute reader to avoid the pitfall of judging historic figures from present moral standards (i.e., whiggish historicism).

• Summary - Computer Mediated Education

  • Students perceive their learning experience to be group learning rather than individual learning and that the more they judge the experience to be collaborative, the more likely they are to judge the outcomes as superior to the traditional classroom (page 47).

• Values

  • Cultures have values that are largely shared by their members, which identify what should be judged as good or evil.
  • Norms are rules for behavior in specific situations, while values identify what should be judged as good or evil.

• Facilitating Private-Voluntary Associations

  • Government not only makes enforceable agreements possible but it provides neutral judges to resolve disputes about such agreements.
  • Some parties bypass the judge by jointly sending disputes to an arbitrator, but the courts are always available when less extreme measures fail.

• Common Law

  • American judges, like common law judges elsewhere, not only apply the law, they also make the law.
  • First, all U.S. states except Louisiana have enacted "reception statutes" which generally state that the common law of England (particularly judge-made law) is the law of the state to the extent that it is not repugnant to domestic law or indigenous conditions.
  • Therefore, contemporary U.S. courts often cite pre-Revolution cases when discussing the evolution of an ancient judge-made common law principle into its modern form.
  • This occurs to the extent that the subject matter of the particular statute at issue was covered by some judge-made principle at common law.
  • Judges are free to liberally interpret the codes unless and until their interpretations are specifically overridden by the legislature.

• Primary Sources of American Law

  • American judges, like common law judges elsewhere, not only apply the law, they also make the law, to the extent that their decisions in the cases before them become precedent for decisions in future cases.
  • First, all U.S. states except Louisiana have enacted "reception statutes" which generally state that the common law of England (particularly judge-made law) is the law of the state to the extent that it is not repugnant to domestic law or indigenous conditions.
  • Thus, contemporary U.S. courts often cite pre-Revolution cases when discussing the evolution of an ancient judge-made common law principle into its modern form, such as the heightened duty of care traditionally imposed upon common carriers.
  • This was because appellate decisions from many American courts were not regularly reported until the mid-19th century; lawyers and judges, as creatures of habit, used English legal materials to fill the gap.