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Mr. Nice! posted:Abuse of discretion is essentially the highest bar a litigant has to overcome in appeals. A judge has to gently caress up clearly in the record to get overturned on abuse of discretion grounds. Most judge's decisions are evaluated with this threshold in mind. Jurisdictions will vary in exact interpretation and may have various levels of abuse of discretion, but it is a core component of our appellate review system. Lower judges are explicitly trusted unless they plainly gently caress up, and even then they get said deference anyway. And this deference makes a certain amount of sense as 1) the judge was there watching the trial etc and 2) there’s a fairly wide grey zone for a lot of decisions where different reasonable people could come to different reasonable conclusions, and an appellate court shouldn’t change a reasonable conclusion just because they would have done things differently.
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Mar 27, 2023 14:34
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I've only ever been a low level of administrative law judge but I can tell you it went right to my head
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Mar 27, 2023 14:46
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Harold Fjord posted:I've only ever been a low level of administrative law judge but I can tell you it went right to my head Friend I was judging goddamn moot court while still in school myself and putting on the robes went to my head.
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Mar 27, 2023 17:19
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Although this is technically about federal judges, it’s pretty universal. https://www.youtube.com/watch?v=53XThNjW6pY
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Mar 27, 2023 18:27
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I would also point out there's a lot of implicit bias in our perception of how well a judge does, and adding to what Mr.Nice said about how there are a lot of judge's decisions That could reasonably go either way, I will say that in my personal experience 95% of judges I'm in front of are really trying to get it right and care about doing a good job. There are a clear minority who DGAF, but most are trying, in my experience.
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Mar 27, 2023 19:10
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In my experience most are trying, sure. But not for impartiality or correctness. They have a pretty clear bias based on their prior career, campaign funders, and likely post-judicial landing spots.
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Mar 27, 2023 21:37
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Phil Moscowitz posted:In my experience most are trying, sure. But not for impartiality or correctness. They have a pretty clear bias based on their prior career, campaign funders, and likely post-judicial landing spots. Most judges aren't planning on going to any "next phase" except maybe being a more important judge in a higher court later. There is a definite judicial bias that almost all judges have but it's mostly towards protecting their reputation however they see that. That's how it is in my state and federally, anyway, but we're a judicial appointment state not an elected judge state.
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Mar 27, 2023 21:50
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I know of numerous judges in my state that have jumped off the bench because of a fuckload more money in private practice. One is an arbitrator and makes bank. Another went back to his partner lifestyle at his prior firm with his name on it and is certainly killing it. While there definitely are people working their way up the judicial ladder, there are plenty that are content to get elected/appointed, sit on the bench for a few years, and then go make many multiples of the paltry six figgies they made as a judge.
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Mar 27, 2023 22:09
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Mr. Nice! posted:Although this is technically about federal judges, it’s pretty universal.
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Mar 27, 2023 23:00
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Mr. Nice! posted:I know of numerous judges in my state that have jumped off the bench because of a fuckload more money in private practice. One is an arbitrator and makes bank. Another went back to his partner lifestyle at his prior firm with his name on it and is certainly killing it. While there definitely are people working their way up the judicial ladder, there are plenty that are content to get elected/appointed, sit on the bench for a few years, and then go make many multiples of the paltry six figgies they made as a judge. The majority of judges here stick around until their pension vests (18 years or something) and then retire and go work for a plaintiff firm. Some of them run for an appellate seat. Some of them stay forever until they’re forced to retire because they hit the age limit.
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Mar 28, 2023 00:15
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Phil Moscowitz posted:The majority of judges here stick around until their pension vests (18 years or something) and then retire and go work for a plaintiff firm. Yeah, that's what happens here, they go private in retirement and are "of counsel" at some huge firm that'll throw money at them just to be on the masthead and do mediations. The thing is though that nobody gets to even be a judge in this state without a shitload of career and political success first, because you have to have a lot of connections to get appointed to the job in the first place, you can't just run.
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Mar 28, 2023 00:34
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Hieronymous Alloy posted:Yeah, that's what happens here, they go private in retirement and are "of counsel" at some huge firm that'll throw money at them just to be on the masthead and do mediations. FL fast tracks people with no experience to the top just because they're the right political affiliation.
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Mar 28, 2023 02:07
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So if they're allowed to be so arbitrary what's the point of people quoting previous caselaw?
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Mar 28, 2023 02:32
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Azuth0667 posted:So if they're allowed to be so arbitrary what's the point of people quoting previous caselaw? There are two types of precedent - binding and persuasive. SCOTUS precedent is binding on all courts but itself where it is just persuasive. Circuit precedent is applicable to all states and federal districts in their circuits and persuasive elsewhere. State high court is binding on all lower state courts and persuasive elsewhere. A judge's prior ruling is also a persuasive guide, but they're free to do as they please within the laws and rules that govern whatever controversy is in front of them unless there's a higher court binding precedent on point.
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Mar 28, 2023 03:19
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To be clear, federal case law is not binding on states interpreting state law. Other than the US Supreme Court, which only weighs in on state matters if they involve federal laws, including the constitution.
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Mar 28, 2023 04:07
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Phil Moscowitz posted:To be clear, federal case law is not binding on states interpreting state law. Other than the US Supreme Court, which only weighs in on state matters if they involve federal laws, including the constitution. Goddamnit, I was just coming here to post this. For bonus content then, if a state highest court says something like "per the GA constitution, which we interpret to be the same as the 1st amendment on this point", then SCOTUS can overrule them and say "nah dog, the 1st amendment means X not Y." If the state highest court says something like "per the GA constitution, which we have interpreted to give more protections than the 1st amendment on this point", then SCOTUS can't overrule that decision.
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Mar 28, 2023 04:42
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Well, they’re not technically supposed to, but the Roberts court dgaf.
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Mar 28, 2023 11:36
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What happens if the highest state court tells the supreme court its not going to follow the supreme court's instructions like that kentucky state official did with gay marriage back in the 2010s?
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Mar 28, 2023 11:50
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Then you get to flip the “It’s been X days since we’ve had a constitutional crisis” sign back to 0.
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Mar 28, 2023 12:33
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Azuth0667 posted:What happens if the highest state court tells the supreme court its not going to follow the supreme court's instructions like that kentucky state official did with gay marriage back in the 2010s? That’s a maneuver outside of the law and so there is no legal answer. You’re into various types of political questions and negotiation. The results would depend heavily on political opinion nationally and in that state and could range from the ever popular “federal workers are sent in to enforce the law” to “absolutely nothing.” For an example of the former consider Brown v Board of Education or the FBI’s work against the KKK. For an example of the latter consider all the states / cities that no longer do anything about federal marijuana laws or immigration violations. dpkg chopra posted:Then you get to flip the “It’s been X days since we’ve had a constitutional crisis” sign back to 0. If “states ignore federal law” is a 0 days thing then that sign has never not been 0.
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Mar 28, 2023 12:34
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State governments are one thing, but it’s pretty rare to see a court blatantly rejecting binding authority. If a state supreme court case is taken up by the US Supreme Court, and is reversed, I can’t think of a time when the state court took the case back and said “yeah we aren’t doing that.” If anything they will distinguish other cases from the earlier decision. Though we are getting into a new era of absolute garbage ideologue judges so who knows what the future will bring. E. Also keep in mind that the only real authority over a state court judge (other than having to run for re-election) is the state supreme court. And that’s not just the authority to reverse decisions, it’s also the authority to sanction or remove those judges from the bench. So lower state court judges have a very strong incentive not to blatantly ignore what their supreme court says. Phil Moscowitz fucked around with this message at 14:47 on Mar 28, 2023 |
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Mar 28, 2023 13:52
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If anyone has a second, quick general question (I’m googling too but more than a little overwhelmed right now and there’s so much): I have to give a witness statement for some pretty ugly and traumatic stuff, how do I do this right beyond “get as many dates lined up correctly before the phone call”? I want to one-shot this rather than have a big back and forth call series of “just one more thing” loving me up but I don’t even know where to start with preparing.  goon law lore, help break it down for me?
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Mar 29, 2023 05:31
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coolusername posted:If anyone has a second, quick general question (I’m googling too but more than a little overwhelmed right now and there’s so much): I have to give a witness statement for some pretty ugly and traumatic stuff, how do I do this right beyond “get as many dates lined up correctly before the phone call”? I want to one-shot this rather than have a big back and forth call series of “just one more thing” loving me up but I don’t even know where to start with preparing. Whose asking you to provide the statement, and to what end?
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Mar 29, 2023 08:54
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Thesaurus posted:Whose asking you to provide the statement, and to what end? Ergh, nevermind, I'll just swallow the lawyer phone call fees and ask for more information tomorrow. I probably need more specific advice if witness statements different between types of cases (I thought maybe they'd just be the same in a sort of blanket way and I could get tips on how to go about starting one without the added time $$$). Thank you anyway! coolusername fucked around with this message at 09:25 on Mar 29, 2023 |
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Mar 29, 2023 09:03
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coolusername posted:Ergh, nevermind, I'll just swallow the lawyer phone call fees and ask for more information tomorrow. I probably need more specific advice if witness statements different between types of cases (I thought maybe they'd just be the same in a sort of blanket way and I could get tips on how to go about starting one without the added time $$$). Thank you anyway! Are you a party in the lawsuit, or the defendant in the criminal case? Are you under any sort of NDA not to discuss the details of what you witnessed?
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Mar 31, 2023 13:26
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blarzgh posted:Are you a party in the lawsuit, or the defendant in the criminal case? Are you under any sort of NDA not to discuss the details of what you witnessed? I think he's Trump's lawyer
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Apr 2, 2023 00:08
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sullat posted:I think he's Trump's lawyer Nah, he's actually asking for help instead of just digging deeper
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Apr 2, 2023 03:40
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blarzgh posted:Are you a party in the lawsuit, or the defendant in the criminal case? Are you under any sort of NDA not to discuss the details of what you witnessed? No NDA, not a criminal case — anyway it worked out! I was just super nervous, and didn’t want to gently caress up somehow because I had zero idea how to be a witness, but I got advice on how to prepare a little (namely trying to get my dates in order, only the facts, etc.) and the person taking my statement was very clear instruction when it came to my  panic midway through.I have no idea how anyone does this as a career tbh, it’s terrifying.
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Apr 2, 2023 05:00
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coolusername posted:No NDA, not a criminal case — anyway it worked out! I was just super nervous, and didn’t want to gently caress up somehow because I had zero idea how to be a witness, but I got advice on how to prepare a little (namely trying to get my dates in order, only the facts, etc.) and the person taking my statement was very clear instruction when it came to my Like all things related to the legal system: eventually your soul is worn through and you are simply going through the motions for the cash
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Apr 2, 2023 14:43
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Grip it and rip it posted:Like all things related to the legal system: eventually your soul is worn through and you are simply going through the motions for the cash Exactly. Once you realize you're trapped in this profession for life, that everyone is a piece of poo poo and there is no justice, its gets a little easier
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Apr 3, 2023 14:23
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Posting out of Colorado. I'm feeling this out in a few different directions, and it might just be what it is, but: I live in an apartment, and 3 days ago I got an email from my landlord telling me that they're going to sell the property and I have 60 days to vacate. I re-signed the lease here just a couple months ago, and apart from being pretty settled in at this point, this is just terrible loving timing with a bunch of other poo poo I got going on. The rental market right now is particularly vicious out here besides. Anything I can do to stop or delay this?
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Apr 3, 2023 19:10
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POWELL CURES KIDS posted:Posting out of Colorado. I'm feeling this out in a few different directions, and it might just be what it is, but: I live in an apartment, and 3 days ago I got an email from my landlord telling me that they're going to sell the property and I have 60 days to vacate. I re-signed the lease here just a couple months ago, and apart from being pretty settled in at this point, this is just terrible loving timing with a bunch of other poo poo I got going on. The rental market right now is particularly vicious out here besides. Depends what your lease says. Also, there are usually local laws about notice requirements for enforcing contracts against third parties. Assuming the lease is for a specific term, and doesn’t allow the landlord to terminate without cause with 60 days notice, you can record your lease in the local mortgage office or similar which means it would also be binding on anyone who buys the property. But if you want the actual answers to these questions you’ll need a local lawyer to look at your lease and tell you your options.
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Apr 3, 2023 19:23
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What's going on with Elon Musk's racketeering thing? Is there any actual teeth to it
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Apr 4, 2023 00:10
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no
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Apr 4, 2023 00:42
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Every time I've been pulled over, the cop asks where I'm coming from and where I'm headed. Seems irrelevant to me, but what do I know. Why do they always ask this?
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Apr 6, 2023 02:22
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I’m gonna guess: to put you on the spot and make you nervous.
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Apr 6, 2023 02:23
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Probably just to get you talking. More likely to answer follow up questions, and also can listen for slurred speech.
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Apr 6, 2023 02:31
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"Uh, uh, uh, definitely not an illegal rave gently caress DAMNIT" - probably more likely than we would think
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Apr 6, 2023 02:32
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Because they get dumb incriminating answers all the time. Also because drug dealers give weird or inconsistent answers, or admit to traveling along drug corridors that the cops then pile in with other stuff to get courts to decide gives them sufficient cause to search the car.
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Apr 6, 2023 03:07
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Skunkduster posted:Every time I've been pulled over, the cop asks where I'm coming from and where I'm headed. Seems irrelevant to me, but what do I know. Why do they always ask this? They want you to say you're coming from a bar so they can start the dui check. Or anything else similarly incriminating.
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Apr 6, 2023 03:47
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