n this space in the past I have discussed what judges do, which is basically determine what the facts are in the case (unless a jury decides the facts) and then apply the law in reaching a final decision. For example, in a court trial with a defendant charged with speeding, the judge must decide if the State has proven beyond a reasonable doubt that this defendant was driving in the county where charged at a speed in excess of the posted speed limit. Judges are a part of the judicial branch of government, one of the 3 branches, the others being the executive and legislative branches. In this article I will discuss what judges are not.
There has been a lot in the news recently about the idea of negligence. Negligence is a fancy way of saying that someone has fallen below an expected standard of behavior. The law often refers to it as a “standard of care.”