who decided who get what ,the lawyer or judge

Of course, in any lawyer/client relationship the people involved will determine who makes the decisions. However, in criminal cases there are two main decisions that only the client can make— 1. The decision to plead guilty or to demand a trial.

Full Answer

What is the difference between a lawyer and a judge?

A lawyer prepares a legal document (a brief) for his client. The role of a judge is to hear all the witnesses and any evidence presented by the parties, assess their credibility and arguments, and then rule on the matter at hand according to their understanding of the law and their judgment.

What is the role of a judge in a case?

The role of a judge is to hear all the witnesses and any evidence presented by the parties, assess their credibility and arguments, and then rule on the matter at hand according to their understanding of the law and their judgment.

Do judges make economic decisions?

When judges rule on cases involving issues such as contracts, property rights, antitrust or taxes, they are not just making legal decisions. They are making economic policy.

Who decides where to bring a suit in court?

The plaintiff initially decides where to bring the suit, but in some cases, the defendant can seek to change the court. (2) The geographic area over which the court has authority to decide cases. A federal court in one state, for example, can usually only decide a case that arose from actions in that state.

Who makes the decision of a judge or court?

the judgeAfter hearing from the parties who appear at the hearing, the judge will make a decision. The judge will base the decision on the evidence, the law, and common sense. The judge may rule for either the plaintiff or the defendant, or may award something to both parties.

Who makes the final decision in the courtroom?

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.

Who decides the facts in a case?

In a jury trial: the jury is the fact finder that decides what really happened in the case at hand. In a bench trial: the judge is the fact finder that decides what really happened. In an official investigation: an agent or committee may be appointed to determine the facts.

How much power does a judge have?

In common-law legal systems such as the one used in the United States, judges have the power to punish misconduct occurring within a courtroom, to punish violations of court orders, and to enforce an order to make a person refrain from doing something.

What is the role of judge?

The judge hears all the witnesses and any other evidence presented by the prosecution and the defense. The judge decides whether the accused person is guilty or innocent on the basis of the evidence presented and in accordance with the law. If the accused is convicted, then the judge pronounces the sentence.

Who determines if the accused is guilty or innocent?

JuryJury. A group of (usually) 12 people chosen at random from the general community who are tasked with the responsibility of determining whether the defendant is guilty on the evidence presented in a criminal trial. The jury determines the verdict (that is, whether the accused is Guilty or Not Guilty).

Can the judge overrule the jury?

No. Once a verdict has been rendered, either guilty or not guilty, the judge cannot overrule the jury. However, under California law, a defendant can make a motion for judgment of acquittal before the evidence is submitted to the jury.

What is the judge's decision called?

JudgmentJudgment: A court decision. Also called a decree or an order. Judgment File: A permanent court record of the court's final disposition of the case.

Who chooses whether a trial will be before a judge or a jury?

If the plaintiff does not request a trial by jury, then the case may proceed to trial before the judge. However, if the amount in controversy meets the threshold for a jury trial, and the plaintiff does not request a jury, the defense has the constitutional right to request a trial by jury.

Who has more Power than a judge?

prosecutorsBazelon said, these days, prosecutors have the power in court situation instead of the judge. She spent years reporting from the Brooklyn District Attorney's Office and compiled her findings in her book “Charged.” She explained that in the 1980s in the United states there was a crime wave.

Can judges do whatever they want?

Because judges have no accountability, they can do whatever they please. Judges are the only public officials with no accountability, and they want to keep it that way. The fact that we allow judges to indulge their whims is our collective shame.

Is a judge a lawyer?

Most but not all US judges have professional credentials as lawyers. Non-lawyer judges in the United States are often elected, and are typically either justices of the peace or part-time judges in rural limited jurisdiction courts.

Lawyer

Lawyers worldwide take up multiple roles and names to fulfill the ultimate role of advising and representing their clients. A lawyer can be an attorney-at-law, bar-at-law, civil law notary, counselor, legal executive, solicitor, barrister, etc., depending on the country that the lawyer is practicing in.

Judge

Across the United States, a judge is generally referred to as “ Your Honor ” or “Judge ” when the judge presides over a court of law. It is, however, varied across different states. In the Superior Court of Los Angeles County (the largest unified trial court in the United States), judges only have to be addressed as “ Your Honor ” and nothing else.

Conclusion

Lawyers and judges are required to be very skilled to uphold the laws of a nation. They are ultimately connected as a person generally becomes a judge only after gaining experience as a lawyer.

Who said judges are neutral enforcers of law?

They are making economic policy. Thus, as Professor Matthew Stephenson ’03 asserts, it is in the interest of those who study economics to consider how those decisions are made. “It would be a mistake, if you were an economist trying to understand how economic policy worked, to assume that judges are merely neutral enforcers of law,” says Stephenson.

Who is Matthew Stephenson?

Matthew Stephenson joined the Harvard Law faculty in 2004, a year after graduating from the school. The Bulletin is, of course, his alumni magazine, but it’s more than that. His mother, Ellen Bernstein, was the editor of the Bulletin in the early 1980s. Her most memorable moment there, he says, involved faculty writing—in particular the firestorm that ensued after she published a story by Professor Duncan Kennedy, counseling HLS grads in big firms “to confront, outflank, sabotage, or manipulate the bad guys and build the possibility of something better,” in the event they were asked to take part in ethically questionable conduct.

What is legal realism?

Legal Realism looks for patterns in judicial decisions beyond formal rules or ideology. In the paper, he describes the Realist idea of legal constraint, the belief that while judges could use law to justify nearly any result, they also are constrained by legal sources and principles.

What happens when you take your child to court?

Be aware that when you take child issues to court, you are turning over complete control of major elements of their future to a judge who doesn't know you or your children. In most cases, the judge has had little or no training in child development or psychology. And also bear in mind that any agreement that brings goodwill for people who will ...

Do children have to be burdened with decisions?

Obviously, children should not be burdened with decisions that should be decided by their parents.

Who decides where to bring a lawsuit?

The plaintiff initially decides where to bring the suit, but in some cases, the defendant can seek to change the court. (2) The geographic area over which the court has authority to decide cases. A federal court in one state, for example, can usually only decide a case that arose from actions in that state.

How many judges are in a court of appeals?

Refers to court sessions with the entire membership of a court participating, rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases they deem important enough to be decided by the entire court.

How many people are on a federal criminal jury?

Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons. plaintiff - The person who files the complaint in a civil lawsuit. plea - In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges in open court.

What is bail in criminal law?

bail - Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.

What is the difference between acquittal and affidavit?

A. acquittal - Judgment that a criminal defendant has not been proven guilty beyond a reasonable doubt. affidavit - A written statement of facts confirmed by the oath of the party making it. Affidavits must be notarized or administered by an officer of the court with such authority.

What is the appellant in a lawsuit?

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. Appeals can be made for a variety of reasons including improper procedure and asking the court to change its interpretation of the law.

What is the power of an appellate court?

appellate - About appeals; an appellate court has the power to review the judgment of another lower court or tribunal. arraignment - A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.