Question: How A Lawyer Asks The Judge To Make A Decision?

How long does it take for a case to be dropped?

90 days for a misdemeanor or 175 days for a felony.

If they do not drop the charge within that time frame they will not be able to change their mind….

How do I remove a judge from my case?

A motion to recuse is a legal motion filed in court that says a judge should be disqualified, or removed, from a legal case for a reason listed within CCP 170.1. The motion can be brought by either a prosecutor or a defense attorney. And, a motion to recuse can be filed in either a civil suit or in a criminal trial.

What is a judge’s decision called?

In law, a judgment, also spelled judgement, is a decision of a court regarding the rights and liabilities of parties in a legal action or proceeding. Judgments also generally provide the court’s explanation of why it has chosen to make a particular court order.

What are 3 types of Judgement?

(1) Moral judgments about actions being right or wrong; (2) Moral judgments about people being good or bad; (3) Moral judgments about traits of character being good or bad, being virtues or vices. Is there any other type of ethical judgment, broadly conceived?

What happens if a defendant does not pay a judgment?

If you don’t pay what you owe right away, you will have to pay more. The creditor will get post-judgment interest on any part of the debt not paid back right away. If you don’t pay the creditor, they can take steps to collect the money from you. This is called enforcing the judgment.

What happens if I can’t pay a Judgement?

Not being able to pay a judgment can subject you to the post-judgment collection process. These methods include wage garnishments, bank account levies, and judicial liens.

What are the 4 core factors that determine how judges decide in court cases?

What are the core factors that determine how judges decide in court cases? Legal, Personal, ideological and political influences.

Who decides the verdict in a civil case?

In civil cases the jury makes a decision in favor of the plaintiff or the defendant, determining liability and the amount of money damages. In criminal cases the jury decides “guilty” or “not guilty” on the charge or charges against the defendant. In cases involving a major crime the verdict must be unanimous.

What are the 2 types of Judgement?

There are two types of judgments; judgments that are discriminating, and judgments that are evaluative. Judgments that are discriminating (i.e. I prefer X over Y) reflect personal preferences and subjective opinions.

How long does it take for a judge to dismiss a case?

You should ask your attorney. If your case is dismissed pursuant to a motion, the judge 120 days. After that, the motion is deemed denied and your attorney has 30 days to then appeal.

Do judges make law PDF?

Judges do not make law because the existing law provides all the resources for their decisions. … Even if the rules are clear to all, the statement of it may often be made in the form of a prediction of the court’s decision.

How does the judge announced the verdict?

Judge makes sure the verdict is unanimous by saying, “So say you all?” to which the entire Jury should respond, “Yes, Your Honor.” Judge talks about sentencing. In a criminal case bailiff can pretend to take guilty party away.

How long does it take for a judge to make a decision on a motion?

Decisions. If the motion or OSC can’t be settled, the Judge will make a decision. Sometimes, the Judge makes a decision right away. If not, the Judge has 60 days by law to decide the motion.

How do you challenge a judge’s decision?

Broadly speaking, to appeal a civil judgment you need to take the following steps:Step 1: Determine whether you can file an appeal.Step 2: Calculate your time limit to appeal.Step 3: File a notice of appeal and a cost bond.Step 4: Serve the notice of appeal.Step 5: Decide whether to “stay” execution of the judgment.More items…

What should you not say in court?

8 Things You Should Never Say to a Judge While in CourtAnything that sounds memorized. Speak in your own words. … Anything angry. Keep your calm no matter what. … ‘They didn’t tell me … ‘ That’s not their problem. … Any expletives. You might get thrown in jail. … Any of these specific words. … Anything that’s an exaggeration. … Anything you can’t amend. … Any volunteered information.

How do judges decide a case?

Trials in criminal and civil cases are generally conducted the same way. After all the evidence has been presented and the judge has explained the law related to the case to a jury, the jurors decide the facts in the case and render a verdict. If there is no jury, the judge makes a decision on the case.

Can a judge go back and change his ruling?

No. The judge can follow the same law but judge the case differently and change a ruling. When you write your motion, though, it is best if you explain clearly why you think the judge should change the ruling.

What do judges base their decisions on?

Judges base their decisions on precedents set in similar cases.

What do judges say at the beginning of court?

NOTE TO ALL PARTICIPANTS: Always address the judge by saying “Your Honor.” Opening of Trial: Bailiff: Please rise. The Court of the Second Judicial Circuit, Criminal Division, is now in session, the Honorable Judge _________________________ presiding.

Can a judge refuse to hear a motion?

Motions must be made in writing and they must follow certain criteria, including things like notice requirements. … If the Motions do not meet procedural requirements, then the clerk may refuse to file them or the Judge may refuse to hear them.

Can a judge’s decision be overturned?

There are four main ways in which a judge’s decision can be reconsidered, whether by the judge or on appeal: An appeal in time because the court below was “wrong”. Appeal out of time because of supervening events. … An appellate court can, in very narrow circumstances, review its own order.