How does a trial court judge make a decision?

In criminal cases, especially, lawyers often make motions on critical issues of constitutional law, or the admissibility of evidence, without citation to any authority. Decisions by a trial court judge may be based as much on his or her sense of the law as on specific knowledge of it.

When does a judge not make a decision?

But sometimes there is no decision on point, or the cases simply do not contemplate the fact situation before the court for resolution. It is hard enough to address some legal issues when the judge has the time and resources, but even harder when a case presents itself for emergency resolution.

Can a civil case be appealed to a higher court?

If you have just finished a civil trial to which you were a party, just because you received an unfavorable judgment does not mean that you don’t have options. You have the right to appeal your case to a higher, or appellate, court in hopes of having the appellate court reverse or change the lower court’s decision in some way.

When does a judge give a directed verdict?

A directed verdict is given when a judge, after listening to the plaintiff, decides that no legal case exists and rules in favor of the defendant because there was not sufficient evidence to prove the case.

When to appeal a decision in a civil case?

A Civil Litigation Attorney Can Help You Determine if You Should Appeal. After a decision has been reached that you are dissatisfied with, appeal is the only option to avoid the judge or jury’s decision being considered the final word on the legal matters raised in the lawsuit.

How does a judge make a decision on a motion?

At or after the hearing, the judge will make a decision on your motion. The judge might write an order on your motion herself. Or she might direct one of the parties to prepare the order for her signature. An “order” is the written decision or judgment that grants or denies your motion and is signed by the judge and filed with the court.

How is a case decided in a civil court?

These cases are decided by either a judge or a jury, and the plaintiff has the legal burden of proving claims against the defendant by a preponderance of the evidence, which means a plaintiff can prevail by showing that the facts and allegations against the defendant are more likely than not to be true.

What to do if you think a judge’s decision was wrong?

If you think the judge’s decision was wrong, you have the opportunity to appeal the court ruling to a higher court. If the judge behaved badly, then it’s matter for the state judicial disciplinary board.

Who is the ultimate decision maker in a bench trial?

Conversely, in a bench trial, the ultimate decision-maker is the judge. Unlike jury trials where a juror may learn little to nothing about a case before trial, cases tried from the bench present unique opportunities to shape the judge’s opinion of the case prior to trial.

Which is the most important decision a judge can make?

Every decision is important. A part of the wonder at being a trial court judge is that decision-making is endless, and every decision is important. A judge decides if an accused gets out of jail pending trial, whether or not evidence is admissible, and how to instruct a jury regarding the law.

What’s the wonder at being a trial court judge?

A part of the wonder at being a trial court judge is that decision-making is endless, and every decision is important. This is the first in a series of occasional commentaries on the judicial system from the perspective of a District Court judge. Picture a large auditorium full of people from the community.

How does the Court of Appeals decide a case?

After they have reviewed the record, Court of Appeals judges may hear oral arguments from the attorneys before deciding the case and issuing an opinion. A majority vote (at least two out of three judges in agreement) decides the case.