|
Sponsored Links
A 'judge' or justice is an official who presides over a court. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. There are significant differences between the role of a judge in the common law system descended from British practice, and civil law systems descended from continental European judicial practice. The descriptions below are necessarily archetypical. Details vary from judicial system to judicial system. In many cases, the judicial systems have experienced convergent evolution, expressly or unconsciously adopting similar practices or operating in a manner that minimizes the impact of formal differences between the archetypical role of each system's judges. For example, while common law judicial procedure generally contemplates a single evidentiary trial, many cases are actually resolved through testimony taken from witnesses in isolated depositions prior to trial that support written presentations to a judge. Similarly, while civil law judges must have some statutory point of departure for their legal rulings, there are accepted methods of legal reasoning that often afford them greater latitude to fit the law to the circumstances of an unusual case than a stark statement of the underlying principles of the system would suggest. This can serve a purpose similar to the common law method of legal reasoning known as stare decisis. In common law countries, judges usually operate under the adversarial system of justice. At the trial level a single judge usually presides over court proceedings (there are some narrow exceptions).
|
Judges Subcategories
Judges Articles
|
|