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Legal Definitions - judicial power

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Definition of judicial power

Definition: Judicial power refers to the authority given to courts and judges to hear and decide cases, and to make binding judgments on them. This power allows them to interpret and apply the law when disputes arise over what has been done or not done under it. The U.S. Supreme Court and other courts established by Congress have this power under federal law. It is one of the three main powers of government, along with legislative power and executive power.

Example: A person is accused of committing a crime and is brought to trial. The judge presiding over the trial has judicial power, which allows them to hear the evidence presented by both sides, interpret the law, and make a decision on whether the accused is guilty or not guilty. This decision is binding and can have serious consequences for the accused.

Explanation: This example illustrates how judicial power is used in the context of a criminal trial. The judge has the authority to make a decision based on the evidence presented and the interpretation of the law. This decision is binding and can affect the accused's personal and proprietary interests, such as their freedom and reputation.

A good lawyer knows the law; a great lawyer knows the judge.

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Simple Definition

Judicial power is the authority given to judges and courts to hear and decide cases. This means they have the power to interpret and apply the law when there are disagreements about what has been done or not done under it. The U.S. Supreme Court and other courts established by Congress have this power. It is one of the three main powers of government, along with legislative power and executive power. Judicial power also refers to the power given to public officials to make decisions about specific cases that affect people's personal and property rights. This is different from ministerial power, which involves following instructions or laws without using judgment or discretion.

If we desire respect for the law, we must first make the law respectable.

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