At what age can a child testify in court in California?
At what age can a child testify in court in California?
14 years old
Can a minor be forced to testify?
California does not have a minimum age requirement in order for a child to be permitted to testify in court. Instead, judges are given discretion to determine whether a child is competent to testify. When asked by a court evaluator who told him to say that his father hit his mother, he answered, “my mommy.”
At what age can a child decide what parent to live with in California?
14 or older
How do I appeal a Family Court decision in California?
California residents wishing to appeal a child custody ruling may do well to get the help of a family law attorney. An appeals lawyer can write a brief summarizing the reason(s) for the appeal. In that brief, he or she may also be able to call to attention to any inconsistencies with regard to the original ruling.
What do you do when a judge is unfair?
A party who believes that a judge has rendered an unfair ruling can request that the judge reconsider her decision. A motion for reconsideration includes a written brief and may include oral argument before the judge, although some judges may decide the motion without hearing argument.
How do I get a judge removed from my case?
- California Code of Civil Procedure 170.1 CCP states that a party to a civil or criminal case can try to remove a judge “for cause.”
- A “peremptory” challenge means that a party can file a motion to recuse and try to remove a judge on the basis that he/she is biased.
- Contact us for help.
On what grounds can a judge be removed?
Supreme Court justices cannot be easily removed from office. The only conditions that can be grounds for their removal are proven misbehavior and incapacity to act as judge. Article 124 of the Constitution states that by an order of the President a Supreme Court justice can be removed from his or her office.
How do you ask a judge to reconsider a decision?
You can file a Motion for Reconsideration with the judge and ask the judge to change his or her own decision. (Motions for Reconsideration are called Motions to Alter or Amend or Motions for Relief from Judgments or Sanctions in the Court rules.) In some cases, you can file an Appeal.
What is abuse of discretion by a judge?
abuse of discretion. n. a polite way of saying a trial judge has made such a bad mistake (“clearly against reason and evidence” or against established law) during a trial or on ruling on a motion that a person did not get a fair trial.
Can a judge be punished?
Even if retired judges can be investigated once a new law passes, the disciplinary options available are somewhat limited. Currently, four penalties may be imposed: private censure, public censure, request that the judge voluntarily resign and recommend impeachment to the House of Representatives.
Are judges held accountable?
The phrase judicial accountability describes the view that judges should be held accountable in some way for their work. This could be public accountability—getting approval from voters in elections—or accountability to another political body like a governor or legislature.
Who has authority over a judge?
The president and Congress have some control of the judiciary with their power to appoint and confirm appointments of judges and justices. Congress also may impeach judges (only seven have actually been removed from office), alter the organization of the federal court system, and amend the Constitution.
Is it hard being a judge?
The path to becoming a judge is a long, difficult journey that requires a lot of studying and hard work. However, through patience and diligence – two qualities that make an excellent judge – it is achievable!
What is the proper title for a judge?
In person: In an interview, social event, or in court, address a judge as “Your Honor” or “Judge [last name].” If you are more familiar with the judge, you may call her just “Judge.” In any context, avoid “Sir” or “Ma’am.” Special Titles.
What is difference between justice and judge?
Judges and justices are court officials responsible to hear legal proceedings and to make the conclusion in every case that is brought to a court of law. A judge is generally the one who presides over the lower courts while justice is a member of the Supreme Court.
