Judges decide whether discovery requests are legitimate when a party objects.
Evidence
In addition, the plaintiff in a personal injury case may be required to undergo a physical examination by a physician chosen by the defendant or by the court to substantiate an injury claim. Should a party object to questions or to other requests for information or materials, a judge determines whether the requests are legitimate. — G. Alan Tarr, Judicial Process and Judicial…, 2229
Categorization
- XREF: Illustrates the course’s theme that judges police the litigation process and are not merely neutral umpires. — connects to: Judges rule on evidentiary objections and their rulings are appealable by either party. — G. Alan Tarr, Judicial Process and Judicial…, 852; Judges’ need for peer approval shapes how they decide cases. — G. Alan Tarr, Judicial Process and Judicial…, 2645; Judges make hidden factual assumptions that parties cannot challenge — Frederick Schauer, Thinking Like a Lawyer, 397 (+15 more)
Broader Connections
- Judges make hidden factual assumptions that parties cannot challenge
#complicates(0.95) — Frederick Schauer, Thinking Like a Lawyer, 397 - Judges’ need for peer approval shapes how they decide cases.
#complicates(0.90) — G. Alan Tarr, Judicial Process and Judicial…, 2645 - Judges’ approval-seeking by peers can be charged against rulings from either side.
#expands(0.90) — G. Alan Tarr, Judicial Process and Judicial…, 2645 - Discovery rules exist to prevent surprise tactics and evidence hiding.
#expands(0.90) - Judges’ personal attitudes systematically shape their case votes.
#complicates(0.90) — G. Alan Tarr, Judicial Process and Judicial…, 2579 - Legal discovery rules exist to prevent trials from being contests of concealment
#responds-to(0.85) — Jonathan Harr, A Civil Action, 2903 - Judges create law when forced to choose among competing interpretations.
#qualifies(0.85) — G. Alan Tarr, Judicial Process and Judicial…, 196 - Judicial role orientations define which factors judges may legitimately weigh in deciding cases
#complicates(0.85) — G. Alan Tarr, Judicial Process and Judicial…, 2597 - Active trial judging extends into negotiating pleas and settlements between parties
#complicates(0.85) — G. Alan Tarr, Judicial Process and Judicial…, 568 - Judges test statutory reach by asking how the lawmaker would answer if consulted
#complicates(0.85) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 1902 - Judges’ personal attributes and even trivial bodily states can shape decisions
#complicates(0.85) - Party influence on judges works through shared values, not direct commands
#complicates(0.80) — G. Alan Tarr, Judicial Process and Judicial…, 605 - Precedent obliges judges to follow cases they believe were wrongly decided.
#complicates(0.80) — Frederick Schauer, Thinking Like a Lawyer, 69 - Party affiliation reliably predicts how state court judges decide cases
#complicates(0.80) — G. Alan Tarr, Judicial Process and Judicial…, 432 - Interpreting officials must decide like cases alike and respect legislative position.
#complicates(0.75) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 2734