Define: Judicial Question

Judicial Question
Judicial Question
Quick Summary of Judicial Question

A judicial question refers to a question that can be resolved by a court or judge, as opposed to a moot question that does not require an answer or a question that should be addressed by the government or lawmakers.

Full Definition Of Judicial Question

A judicial question refers to a question that is suitable for a court to decide, as opposed to a question that is irrelevant or should be decided by the executive or legislative branch. It should be distinguished from a political question. For instance, a dispute between two parties over a contract is considered a judicial question because it involves a legal matter that can be resolved by a court. Similarly, a question regarding the constitutionality of a law is also classified as a judicial question since it involves the interpretation of the law and determining whether it violates the Constitution. These examples demonstrate that a judicial question pertains to a legal matter that can be resolved by a court. It is not a question that can be addressed by the executive or legislative branch, but rather necessitates a legal interpretation and decision.

Judicial Question FAQ'S

A judge is responsible for interpreting and applying the law, ensuring fair and impartial proceedings, and making decisions based on the evidence presented in court.

The process of appointing or electing judges varies depending on the jurisdiction. In some cases, judges are appointed by the executive branch of government, while in others they are elected by the public.

Yes, a judge can be removed from office through a process called impeachment. This typically involves an investigation, followed by a trial in which the judge’s conduct is evaluated.

A trial court judge presides over the initial proceedings of a case, while an appellate court judge reviews decisions made by trial courts to determine if any errors were made or if the law was correctly applied.

Judges are expected to remain impartial by basing their decisions solely on the facts and evidence presented in court, without any bias or personal interest in the outcome of the case.

Yes, in most cases, a judge’s decision can be appealed to a higher court. The appellate court will review the decision to determine if any errors were made or if the law was correctly applied.

Judicial discretion refers to the power of a judge to make decisions based on their own judgment and interpretation of the law, rather than being bound by strict rules or guidelines.

Generally, judges are immune from being sued for making wrong decisions. This is to protect their independence and ensure that they can make decisions without fear of personal liability.

A jury is responsible for determining the facts of a case and reaching a verdict based on those facts. They are typically present in criminal trials and some civil cases.

Judges are held accountable through various mechanisms, including judicial conduct commissions, disciplinary proceedings, and public scrutiny. If a judge’s conduct is found to be unethical or improper, they may face disciplinary action or removal from office.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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