The presiding judge has legal authority over a case and determines the application of the law. Juries decide guilt or innocence, but the judge plays an important role in conducting the trial and applying legal rules. If a judge fails to apply the law correctly, a case can be appealed.
A presiding judge is the judge with legal authority over a given case. Presiding judges may serve in any number of courts, including a state court system, a district court, an appeals court, a family court, a bankruptcy court, or a tax court, among others. The presiding judge determines the application of the law in the case in question.
In the justice system in the United States, juries ultimately decide the guilt or innocence of defendants in many cases. Unless a person waives his or her Sixth Amendment right to a jury trial, it is the jury that will hear the evidence, determine who is telling the truth, and proclaim guilt or innocence. Even in jury trials, however, a presiding judge plays an important role.
Although a jury decides guilt or innocence, there are several legal rules that affect how the trial is conducted. For example, the rules state that each party must have sufficient evidence that a reasonable point of law arises to bring a case to court. If one party has no evidence, the other party can file a motion to dismiss. If this occurs, the presiding judge will consider the available evidence and determine whether or not to dismiss the case or allow the case to proceed to trial.
There are also many other legal and legal issues that a presiding judge has the responsibility to decide. The judge has an obligation to apply the rules of evidence, determining what is and what is not admissible for either party to present to the jury. It needs to determine what information each party can request from the other during discovery if there is a dispute during this formal exchange of information. He also has to rule on objections made by lawyers and determine what instructions are given to a jury.
If a judge fails to apply the law correctly, a case can be appealed. When this occurs, a superior court reviews the legal conclusions of the judge who presided over the original trial. Although the court of appeals generally does not change the findings of fact made by the jury, the court of appeals may change the outcome of the case and/or send the case back to the original court for retrial, with clarifying instructions to the judge, if it believes that the original judge made some mistake in applying the legal rules.
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