Judge — in plain language

the official who runs a court, decides questions of law, and often decides the outcome of a case

From a fixed, curated glossary of 7,257 legal terms. Not legal advice. How it's made: plainlanguage.us/trust

Plain language

the official who runs a court, decides questions of law, and often decides the outcome of a case

  • the official who runs the court
  • the person who decides the case
  • the one in charge of the courtroom

What to watch for

  • A judge decides questions of law and may decide the outcome, but in a jury trial it is the jury, not the judge, that decides the disputed facts; a plain rewrite should keep that division clear where it matters.
  • As a verb, 'to judge' (to decide or rule on) differs from the noun (the official) — keep which one the sentence means.
  • Distinguish a judge from an arbitrator or mediator: a judge is a public court official, while those others are private decision-makers chosen by the parties.

Judge vs. Jury. A judge is not always the one who decides who wins. In a jury trial, the jury decides the disputed facts and the judge handles the law and instructs them. In a trial without a jury, the judge decides both. A plain rewrite should keep this split clear when the sentence depends on it.

Public Official, Not Private Referee. A judge holds a public office in the court system, unlike an arbitrator or mediator, who is a private decision-maker the parties hire. The plain version should not blur a judge with these private roles, since their authority comes from very different sources.

Common Misunderstandings by Non-Lawyers.

  • "The judge always decides who wins." (Not in a jury trial — there the jury decides the facts and often the outcome.)
  • "A judge and an arbitrator are basically the same." (No — a judge is a public court official; an arbitrator is privately chosen by the parties.)
  • "The judge can decide the case however they personally feel." (No — judges must apply the law and the rules, not just personal preference.)

The public official who presides over a court of law. A judge runs the proceedings, decides questions of law, applies the rules of procedure, and — in cases without a jury — also decides the outcome and any remedy. In a jury trial, the judge handles the legal questions and instructs the jury, while the jury decides the disputed facts. As a verb, "to judge" means to decide or rule on a matter. A judge is a public court official, which sets them apart from private decision-makers like arbitrators or mediators that the parties choose themselves.

Examples

Plain: The judge running the case agreed to throw out the claim as the defendant asked.

Plain: The judge decides all the legal questions that come up during the case.

Plain: In a trial without a jury, the judge is the one who decides what actually happened.

Where you'll see it

  • court proceedings
  • rulings and orders
  • dispute-resolution clauses
  • trial and hearing transcripts
  • court
  • jury
  • magistrate
  • ruling
  • bench
  • arbitrator

Word details

Pronunciation
juhj
Part of speech
noun
Origin
Latin — from 'judex' ('jus' law + 'dicere' to speak/declare); one who declares the law
Domains
civil procedure, criminal law, constitutional law, litigation
Frequency
very common
Formality
low

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