Can a judge review a magistrate's decision after a hearing?
It sounds like you won before the magistrate, and the other side has filed an objection to the magistrate's decision. Assuming it was timely filed (i.e., within 14 days of the decision), the judge is supposed to carefully review the magistrate's decision for any legal errors, so it depends on what happened at the hearing.
What is the meaning of the word magistrate?
Definition of magistrate : an official entrusted with administration of the laws: such as a : a principal official exercising governmental powers over a major political unit (such as a nation) b : a local official exercising administrative and often judicial functions
What is a specific objection to a magistrate's decision?
Pursuant to Civ.R. 53 (D) (3), after a magistrate's decision is issued, the parties may file a request for findings of facts and conclusions of law and/or objections to the magistrate's decision, which must include specific objections (i.e., not just a general objection that one doesn't like the decision)...
Why is the magistrate an outcast?
The magistrate therefore has the makings of an outcast within him from the start of the novel, and his willingness to vocalize his dissent to the various executors of the Empire’s military will ultimately solidifies him in that role. The magistrate’s inner character is also shaped by a complicated relationship with his sexuality.
What does the magistrate want to hear from Meursault why is he upset with Meursault's responses?
What does the magistrate want to hear from Meursault? Ehy is he upset with Meursault's responses? He wants to hear that he is mourning for his mother He wants to know if there is regret or if Meursault feels sad. Meursault isn't showing any responses, so the magistrate is out of cards to help.
What does the magistrate call Meursault?
During the course of the eleven-month investigation that ensues, the magistrate takes to calling Meursault “Monsieur Antichrist,” with an almost cordial air.
What does the prosecutor say Meursault does not have?
The prosecutor adds that when he asks for the death penalty, he has never asked for a capital sentence with so little pain. Because Meursault is heartless, the prosecutor feels no qualms because, being a religious man, he is following not only his own conscience, but his sacred obligation.
What reason does Meursault give for not really needing a lawyer?
What reason does Meursault give for not really needing a lawyer? He thought it was a simple case. What did the investigators learn about Meursault's behavior at the funeral? That he had shown insensitivity.
What's the big question the magistrate finally asks Meursault?
What's the BIG question the magistrate finally asks Meursault? No, no conscience, he has no emotions. He does not want to be bothered with religion when he doesn't care about it and he has limited time left on earth. In your opinion, does Meursault feel complemented when referred to as Monsieur Antichrist?
What does the magistrate use to try to break through to Meursault feelings?
What does the magistrate use to try to break through to Meursault's feelings of remorse? He tries to use the death of his mother. authorities will not allow her to visit Meursault anymore because she is not his wife.
What does Meursault's lawyer mean when he says of the trial everything is true and nothing is true?
After the examination of Perez on the witness stand, he says, “Here we have a perfect reflection of this entire trial: everything is true, and nothing is true!” Unconsciously, the lawyer has just sided with Meursault-the truth of the court is arbitrary and meaningless.
What is the irony in the stranger?
Albert Camus's The Stranger exhibits Meursault as a passive nonconformist who will not "play the game" society has chosen for him, and is thus condemned for an inability to meet society's social expectations. Through irony, Camus reveals how the outcast, Meursault, is condemned because of his nonconformist beliefs.
Why does the prosecutor push for Meursault's death so much?
The prosecutor pushes for the death penalty, on the grounds that Meursault has no place in a society whose fundamental rules he ignores. Meursault's head spins; the heat of the afternoon is getting to him. The judge asks him for final words.
Why is Meursault happy at the end?
At the end of The Stranger, Meursault is able to die happy because he (like Ivan Ilyich) is able to come to terms with himself as a constituent part of existence, and so live authentically.
How does Meursault manage to anger both the lawyer and the magistrate?
how does meursault manage to anger both the lawyer and the magistrate? he angers both with his nonchalant attitude. they are annoyed that he does not recognize the severity of his crime. he is unable to say anything other than the absolute truth.
Why did Meursault get the death penalty?
Meursault is found guilty of premeditated murder and sentenced to death by guillotine.
What does the prosecutor say about Meursault?
In a moral sense, the prosecutor argues, Meursault is just as guilty as the man who killed his own father. Calling for the death penalty, the prosecutor elaborates that Meursault's actions have paved the way for the man who killed his father, so Meursault must be considered guilty of the other man's crime as well.
What was the first question the judge asked Meursault?
First he asks Meursault's name, age, date and place of birth, and occupation. Then it proceeds to Maman and the question of why Meursault put her in the home. Meursault says it is because he doesn't have the money to hire private help.
How does Meursault manage to anger both the lawyer and the magistrate?
how does meursault manage to anger both the lawyer and the magistrate? he angers both with his nonchalant attitude. they are annoyed that he does not recognize the severity of his crime. he is unable to say anything other than the absolute truth.
What does the prosecutor call the most odious of crimes?
Parricide is called the “most odious of crimes.”
Why can't the magistrate comply with the monster?
The magistrate provides a long list of reasons he cannot comply: the monster is too powerful: it would be a waste of the magistrate's time. No one would be able to pursue the creature, especially to places that man cannot navigate easily. And too much time has passed since his crimes: where would they look for him?
What does Victor leave the magistrate with?
Victor leaves the magistrate with a new understanding that if something is to be done, Victor must do it himself.
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Examples of magistrate in a Sentence
Recent Examples on the Web Another magistrate judge may serve as a special master, Hay suggested. — oregonlive, 1 Aug. 2022 David Jakubonis, 43, made an initial court appearance Saturday before a federal magistrate judge in Rochester on a single count of assaulting a member of Congress with a dangerous weapon.
History and Etymology for magistrate
Middle English magestrat, from Latin magistratus magistracy, magistrate, from magistr-, magister master, political superior — more at master
Magistrate
A magistrate is a judicial officer, selected by the Judges of the court. Magistrates are selected to hear juvenile and family cases with a limited number within the court rules. They are generally attorneys with an extensive amount of experience in dealing with family disputes, having family law experience.
What kind of cases can a Magistrate hear?
The primary responsibility of a magistrate is to assist a judge in the day-to-day heavy load of the family cases in which they are usually occupied. As being said that they handle very limited types of cases, these types include (but can vary from state to state):
Limitations of a Magistrate
However, a magistrate plays a vital role in determining the case issues, but they lack the ability to make decisions. They cannot issue a final verdict of a dispute but can propose recommendations knowing the theme of the case.
3 attorney answers
I agree with Mr. Hayes. it takes time, and there is a possibility that it hasn't yet been filed & a small possibility it will never be filed. But, don't count on that; a regular check of the website would be the best choice, or actually consulting a lawyer, perhaps your best choice. Many give fee consultations. Best of Luck!
Stephen Anthony Nicholas
No. Collin county usually doesn’t post much information until the case is officially filed and that can take months. They could choose not to accept it or the police can choose not to file, but just because it hasn’t been done yet doesn’t mean it won’t. Best of luck to you.
Phillip Wayne Hayes
No, your case is not closed. Start calling attorneys in your area. Good luck.
How long does it take for a judge to review a magistrate's decision?
Assuming it was timely filed (i.e., within 14 days of the decision), the judge is supposed to carefully review the magistrate's decision for any legal errors, so it depends on what happened at the hearing. The other side will generally need to file a transcript of the hearing however, and that... 1 found this answer helpful.
What is a request for findings of facts and conclusions of law?
Pursuant to Civ.R. 53 (D) (3), after a magistrate's decision is issued, the parties may file a request for findings of facts and conclusions of law and/or objections to the magistrate's decision, which must include specific objections (i.e., not just a general objection that one doesn't like the decision)...
