Case Studies – Bad Judgments

Judges Who Judge Poorly

NYS Judge, Supreme Court Kings County:

Plaintiff moves for Summary Judgment on an Account Stated.  Defendant opposes motion on the merits.  Parties submit voluminous papers including exhibits and brief claims and defenses with case citations and legal analysis.

Judge Rules in Plaintiff’s Favor;  the trial court granted summary judgment on plaintiff’s claim that an account stated existed between the parties.  The Judge granting summary judgment simply stated in the court’s decision “Motion Granted,” without explaining his findings or reasoning.

This Judge gets an “F” because he never addresses his findings or reasoning in granting summary judgment.

Judicial Review

The US Constitution Article III establishes the Judicial Branch of Government

Article III – The Judicial Branch

Section 1 – Judicial powers

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.

The US Constitution Article VI ¶2 establishes that the Judges of the US are bound to the Rule of Law

Article VI – Debts, Supremacy, Oaths

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

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