How long does a judge have to answer a motion Florida?
How long does a judge have to answer a motion Florida?
Any party may file a response to a motion; Rule 27(a)(2) governs its contents. The response must be filed within 10 days after service of the motion unless the court shortens or extends the time.
What happens after a motion hearing?
At or after the hearing, the judge will make a decision on the motion. The judge might write an order on the 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 the motion.
What is the name of a request for a judge to make a decision?
appeal – A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is “to appeal” or “to take an appeal.” Both the plaintiff and the defendant can appeal, and the party doing so is called the appellant.
How a judge makes a decision?
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.
What should you not do in court?
Here are four things you should never do.
- Don’t show up late. On the day of your hearing, it’s very important to arrive early.
- Don’t use your phone. You will not be able to use your phone, computer or any other device in the courtroom.
- Don’t interrupt.
- Don’t be afraid to ask.
What happens if there is no legal precedent in a case?
There are times, however, when a court has no precedents to rely on. In these “cases of first impression,” a court may have to draw analogies to other areas of the law to justify its decision. Once decided, this decision becomes precedential. Appellate courts typically create precedent.
How do judges use precedent when deciding a case?
The Importance of Precedent. In a common law system, judges are obliged to make their rulings as consistent as reasonably possible with previous judicial decisions on the same subject. Each case decided by a common law court becomes a precedent, or guideline, for subsequent decisions involving similar disputes.
What is the difference between case law and precedent?
When used as nouns, case law means law developed by judges through court decisions and opinions, as distinct from statute and other legislation, whereas precedent means an act in the past which may be used as an example to help decide the outcome of similar instances in the future.
Can precedent be overturned?
A court may overturn its own precedent, but should do so only if a strong reason exists to do so, and even in that case, should be guided by principles from superior, lateral, and inferior courts.
Can a Supreme Court ruling be overturned?
Because the decision was on constitutional grounds, Congress can’t overturn it simply by updating the law, and a constitutional amendment remains unlikely.
What if the court had stuck to its precedent?
Answer: Supreme Court justices need a healthy respect for past precedents. But sometimes, precedent is so bad it simply has to be overturned. The court delivered a victory for champions of property rights by overturning a 1985 precedent that had blocked property rights cases from federal courts.
What is binding precedent in law?
Binding precedent. Precedent that a court must abide by in its adjudication of a case. For example, a lower court is bound by the decision of a higher court in the same jurisdiction, even if the lower court judge disagrees with the reasoning or outcome of that decision.
What is the difference between a binding and a persuasive precedent?
A binding precedent must be followed (whether the judge agreed with the principle contained therein or not) whereas a persuasive precedent does not have to be followed, but is considered by the court in making its decision and may be followed.
What is precedent law?
Precedent refers to a court decision that is considered as authority for deciding subsequent cases involving identical or similar facts, or similar legal issues. Precedent is incorporated into the doctrine of stare decisis and requires courts to apply the law in the same manner to cases with the same facts.
Are high court decisions binding?
The High Court is also bound by the decisions of superior courts. Decisions by individual High Court judges are binding on courts inferior in the hierarchy, but such decisions are not binding on other High Court judges, although they are of strong persuasive authority and tend to be followed in practice.
What is the rule of precedent that applies to the Court of Appeal?
What is the doctrine of precedent? The doctrine of precedent comprises of several rules to which there are sometimes exceptions: Courts are bound by the past decisions of courts of the same level. So for example the Court of Appeal is bound to follow earlier decisions of the Court of Appeal on the same point.
Can the High Court overrule itself?
The High Court is not bound to follow its own past decisions, but it ordinarily does so in cases raising similar facts. However, the Court decided not to follow Cook v Cook, and instead overruled that earlier decision.
What are the 3 main levels of federal courts?
The federal court system has three main levels: district courts (the trial court), circuit courts which are the first level of appeal, and the Supreme Court of the United States, the final level of appeal in the federal system.
What are two kinds of legal cases?
The law deals with two kinds of cases. Civil cases involve conflicts between people or institutions such as businesses. A civil case usually begins when a person or organization determines that a problem can’t be solved without the intervention of the courts.
