Also known as:judicially · judicative · judicator · judicatory
Written by attorneys · grounded in primary & secondary sources — see below
An adjective describing matters relating to courts or judges. It identifies proceedings conducted through court action, powers vested in the judiciary, or standards governing judicial officers.
Sources & Authorities· 40 primary sources
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
How it applies
Common Examples
6
Mortgage Foreclosure Action
Jorge Juarez defaulted on payments to Jackson Mutual. The lender filed suit in state court seeking to terminate redemption rights and obtain title through a court-supervised sale. The proceeding followed statutory notice requirements and allowed the borrower to contest the amount due before any transfer of the property.
Federal Court Structure
Congress created a district court to hear cases arising under federal statutes. The judges appointed to that court hold office during good behavior and receive compensation that cannot be reduced while they serve. This structure implements the constitutional allocation of judicial authority.
Court Taking Notice
June Jiang sued over a contract dispute. The court on its own recognized the date of a federal holiday that fell during the performance period. The fact was drawn from an official government calendar whose accuracy could not reasonably be questioned.
Judge Following Conduct Rules
Judge Jamal Jefferson presided over a criminal trial. He applied the rules of evidence and procedure exactly as written rather than substituting his personal preferences. This adherence satisfied the requirement that a judge comply with the law including the judicial conduct code.
Contribution for Appointment
Jennifer Jackson contributed to a judicial candidate's campaign. The contribution was made to obtain consideration for appointment as counsel in matters before that judge. The rule prohibits such contributions when the purpose is to secure judicial appointments.
Landlord Seeking Possession
Jacobs Shipping leased space to a tenant whose term ended. The tenant remained after the lease expired. The landlord filed an action under local law to recover possession rather than attempting self-help eviction.
Common questions
Frequently Asked
6
What distinguishes judicial foreclosure from other foreclosure methods?+
Judicial foreclosure requires a court action to terminate the mortgagor's equity of redemption. The mortgage or statute dictates whether notice, sale, and redemption rights follow the judicial route rather than power-of-sale procedures.
Supporting sources
How does Article III establish the judicial power?+
Article III vests the judicial power of the United States in one supreme Court and inferior courts that Congress may establish. Judges hold office during good behavior and their compensation cannot be diminished during their tenure.
When may a court take judicial notice on its own?+
A court may take judicial notice on its own when the fact can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned. A party may also request notice and supply the necessary information.
Supporting sources
What obligation does a judge have under the judicial conduct rules?+
A judge must comply with the law, including the Code of Judicial Conduct. This includes avoiding bias, not allowing personal interests to influence decisions, and considering only evidence presented or facts properly noticed.
Supporting sources
Why does the professional conduct rule restrict contributions for judicial appointments?+
The rule prevents lawyers from making or soliciting contributions to obtain judicial appointments or legal engagements awarded by judges. Such contributions raise questions about whether selection is based on merit rather than political support.
Supporting sources
When may a landlord use judicial remedies against a holdover tenant?+
A landlord or incoming tenant may pursue judicial remedies available under local law to recover possession from a tenant holding over after lease termination. Self-help is barred if the controlling law provides a speedy judicial remedy.
Supporting sources
settlement of accounts by the trustee of a common trust fund established under the New York Banking Law. The New York Court of Appeals considered and overruled objections that the statutory…
resolution, presenting no justiciable case or controversy. He contends the Executive Branch has exclusive authority and discretion to decide whether to prosecute and what evidence to use,…
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