How can one judge’s decision be reversed by another? Ask the lawyer – Daily News

Q: I was at the trial and I won. The other side appealed. Eighteen months later, the Court of Appeal reversed, and now we have to try the case again. So that means that what a judge decides after a long time and problems can be thrown by another judge, exactly?

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A: One of the main objectives of the law is to provide uniformity. We have rules and guidelines that affect our business transactions, our personal relationships and what is considered reasonable, all the less justifiable, behavior. In addition, there is a doctrine known as “Decisis Status”, which means that judges must “treat the cases as well” and that the resolved decisions should not be disturbed.

Thus, it is an intelligible concern when the result of any particular case is completely unpredictable, because what a judge decides is later vacant or reversed. It is also a concern that you have spent all the time, the effort and the money to get a verdict that is no longer. But our legal system is intended to focus on reaching the correct result. The bottom line, the party that is on the right should prevail.

I have found it over time that, although you predict the result of a case is not an exact science, the decisions taken, the judgments and the settlements achieved are not usually shocking. In short, looking back the result of a case, with the advantage of the retrospective, what passed was not a big surprise, in most cases. Yes, a judge can master differently on a matter than the judge next to him, but the goal of the trial is to reach the correct decision in any of the event. In this context, the fact that judges can see things and master the issues come with the process.

Q: When is it possible for a judge to be reversed in the appeal?

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A: A judge can make a mistake, but it is possible not to significantly affect the result of the case; In this case, it is not considered harmful and the decision remains. Or it can be seen that a judge has wrong in such a degree, the result must be reconsidered, full or partially or inverted. Prejudiable errors may include improper jury instructions, allowing admission tests that should have been excluded and misinterpret the laws. Judges have discretion on many issues, and freedom is often given to the judge, but discretion is not unlimited.

Commission for Judicial Performance

The Judicial Performance Commission dates back to 1960. It is a California state agency that has the responsibility to investigate the complaints of incorrect judicial conduct and judicial incapacity and for the discipline of judges. The mandate of the commission is to protect the public, to implement the standards of judicial conduct and, in this sense, to seek to ensure the public confidence in both independence and in the integrity of the judicial system. You can find the link online at: CJP.ca.gov.

Ron Sokol has been a practicing lawyer for over 40 years and has often served as a Pro TEM, mediator and referee judge. It is important to note that this column has a summary of the law and should not be treated or considered legal consultancy, let alone a substitute for effective consultation with a qualified professional.