Wordsmith.org: the magic of words

Wordsmith Talk

About Us | What's New | Search | Site Map | Contact Us  

Previous Thread
Next Thread
Print Thread
Page 1 of 2 1 2
#133558 09/30/04 06:48 PM
Joined: Mar 2000
Posts: 6,511
Carpal Tunnel
OP Offline
Carpal Tunnel
Joined: Mar 2000
Posts: 6,511
From what I understand, a judge hands down a decision; a jury hands one up. Is this correct usage and where does it come from?


#133559 09/30/04 09:43 PM
Joined: Sep 2001
Posts: 6,296
W
Carpal Tunnel
Offline
Carpal Tunnel
W
Joined: Sep 2001
Posts: 6,296
Here's just an obviousizing guess:

The judge sits way up there on his grand perch. So, he hands a decision directionally downward to the mere mortals.

The jury, mere mortals, hand their decision directionally up to the judge on his grand perch.

Now, if there's more to the story, then tell away!


#133560 09/30/04 09:54 PM
Joined: Nov 2003
Posts: 619
G
addict
Offline
addict
G
Joined: Nov 2003
Posts: 619
Here's just an obviousizing guess

You wins hands down, Wordwind.

Now, how come "winning hands down" is more decisive than just "winning"?

It's not because your opponent is out cold. It's because you have laid your cards on the table and the cards speak for themselves.

Glad I figured that out.


#133561 10/01/04 12:48 AM
Joined: Sep 2000
Posts: 2,788
Carpal Tunnel
Offline
Carpal Tunnel
Joined: Sep 2000
Posts: 2,788
In my court, the judge (me) "publishes" an opinion while the jury "reaches" and then "returns" a verdict. But that is just one small court in one small state on the Left Coast of the US.



#133562 10/01/04 11:10 AM
Joined: Nov 2003
Posts: 619
G
addict
Offline
addict
G
Joined: Nov 2003
Posts: 619
In my court, the judge (me) "publishes" an opinion while the jury "reaches" and then "returns" a verdict

Does your "opinion" always agree with the jury's "verdict", Father Steve?

If it does, are you really a "judge"?

And, if it doesn't, is the jury's decision really a "verdict"?

I'm not trying to be animositous, Father Steve. I'm just trying to get the lay of the juridical landscape.

#133563 10/01/04 12:22 PM
Joined: Sep 2000
Posts: 2,788
Carpal Tunnel
Offline
Carpal Tunnel
Joined: Sep 2000
Posts: 2,788
Ah, terms of art. An opinion is not a verdict nor vice versa.

An opinion is what happens when an issue of law needs to be resolved by a judge. After rumination, his (or her) honour responds to the legal arguments of counsel and says "This is what the law means in this case or situation."

A verdict is what happens when a jury, instructed on the law by a judge, hears evidence and decides the facts of a case, and then decides the ultimate issue in the case by applying the law to the facts.

There is no occasion when there is, or needs to be, congruence between my legal opinions and the jury's verdict. Different provinces, wot?


#133564 10/01/04 04:58 PM
Joined: Mar 2000
Posts: 6,511
Carpal Tunnel
OP Offline
Carpal Tunnel
Joined: Mar 2000
Posts: 6,511
Thanks, y'all. Dr Bill reached the same conclusion as Wordwind, and I like that one a lot.


#133565 10/02/04 02:07 AM
Joined: Nov 2003
Posts: 619
G
addict
Offline
addict
G
Joined: Nov 2003
Posts: 619
There is no occasion when there is, or needs to be, congruence between my legal opinions and the jury's verdict. Different provinces, wot?

I understand .. I think. [And I'm an attorney. ]



#133566 10/02/04 03:54 PM
Joined: Nov 2000
Posts: 3,439
W
wow Offline
Carpal Tunnel
Offline
Carpal Tunnel
W
Joined: Nov 2000
Posts: 3,439
AndPoint of interest : And Grand Jurys hand up indictment.


#133567 10/02/04 04:26 PM
Joined: Nov 2003
Posts: 619
G
addict
Offline
addict
G
Joined: Nov 2003
Posts: 619
And Grand Jurys hand up indictment

And bad guys put their "hands up" when they get caught ... unless they've got their "hands in" a judge's docket.


Page 1 of 2 1 2

Moderated by  Jackie 

Link Copied to Clipboard
Forum Statistics
Forums16
Topics13,910
Posts228,613
Members9,164
Most Online3,341
Dec 9th, 2011
Newest Members
Teejheni, vrk1951, Doctor, Silverfox, Red_Canoe
9,164 Registered Users
Who's Online Now
1 members (1 invisible), 153 guests, and 3 robots.
Key: Admin, Global Mod, Mod
Top Posters(30 Days)
Top Posters
wwh 13,858
Faldage 13,803
Jackie 11,613
tsuwm 10,542
wofahulicodoc 10,063
LukeJavan8 9,879
AnnaStrophic 6,511
Wordwind 6,296
of troy 5,400
Disclaimer: Wordsmith.org is not responsible for views expressed on this site. Use of this forum is at your own risk and liability - you agree to hold Wordsmith.org and its associates harmless as a condition of using it.

Home | Today's Word | Yesterday's Word | Subscribe | FAQ | Archives | Search | Feedback
Wordsmith Talk | Wordsmith Chat

© 1994-2022 Wordsmith

Powered by UBB.threads™ PHP Forum Software 7.7.5