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59-621: Thomas McIntyre Cooley (January 6, 1824 – September 12, 1898) was an American judge. He was the 25th Justice and a Chief Justice of the Michigan Supreme Court , between 1864 and 1885. He was the father of sociologist Charles Cooley . He was a charter member and first chairman of the Interstate Commerce Commission (1887). Cooley was appointed Dean of the University of Michigan Law School ,

118-620: A barrister 's wig (a Bench Wig) would be worn in court. This tradition, however, is being phased out in Britain in non-criminal courts. In Oman , the judge wears a long stripe (red, green white), while the attorneys wear the black gown. In Portugal and in the former Portuguese Empire , the judges used to carry a staff that was red for ordinary judges and white for the judges from the outside . In Hong Kong , court proceedings are conducted in either English or Hong Kong Cantonese (a dialect of Yue Chinese ). Judges of Hong Kong retain many of

177-706: A jury . In inquisitorial systems of criminal investigation , a judge might also be an examining magistrate . The presiding judge ensures that all court proceedings are lawful and orderly. The ultimate task of a judge is to settle a legal dispute in a final and publicly lawful manner in agreement with substantial partialities. Judges exercise significant governmental power. They can order police, military or judicial officials to execute searches, arrests, imprisonments, garnishments, detainment, seizures, deportations and similar actions. However, judges also supervise that trial procedures are followed, in order to ensure consistency and impartiality and avoid arbitrariness. The powers of

236-612: A certain independence politically, and bolted from the Republican party as a mugwump to support Grover Cleveland in 1884, and later in 1894. This independence may have cost him an appointment to the US Supreme Court. However, he was rewarded politically when in 1887 when President Cleveland nominated him to the Interstate Commerce Commission , one of the first independent agencies of the federal government. With Mary Horton he had six children, including Charles Cooley ,

295-401: A concurring opinion, Cooley, J., wrote "local government is [a] matter of absolute right; and the state cannot [as to the case referenced in the main opinion, People v. Hurlbut ] take it away." Judge The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions . In some jurisdictions, the judge's powers may be shared with

354-762: A court is addressed as tisztelt bíró úr , which means "Honourable Mister Judge" and a female presiding judge is addressed as tisztelt bírónő , which means "Honourable Madam Judge". The court as a body can be addressed as tisztelt bíróság , which means "Honourable Court". Judges of the Supreme Court , Court of Appeal , or High Court are officially titled The Honourable Mr/Mrs/Ms/Miss Justice Surname ( Irish : An Breitheamh Onórach Uasal [surname] ), and informally referred to for short as Mr/Mrs/Ms/Miss Justice Surname . In court, they are addressed either by their respective titles or styles, as The Court ( An Chúirt ), or simply Judge ( A Bhreithimh ). In law reports ,

413-448: A decade before[—]could be made acceptable by slow accretion[,] and might prove very useful in the cause of righteousness. As Waite wrote, the voices of two great contemporaries[,] Thomas M. Cooley and Stephen J. Field , must have been echoing in his mind. Cooley′s classic treatise[,] Constitutional Limitations , first published in 1868, had become a canonical text for jurists, and [Cooley's] support of due process in its emerging form gave

472-621: A distinguished American sociologist, and Thomas Benton Cooley , a noted pediatrician. Many of the original tomes memorializing and comprising Cooley's scholarly works are preserved and on display in the Thomas M. Cooley Law School Strosacker Law Library. In 1878, Cooley completed and published his work A Treatise on the Law of Torts or the Wrongs Which Arise Independently of Contract . One edition of Cooley's treatise on

531-590: A full-fledged organizational form. In the Roman Republic , collegiality was the practice of having at least two people in each magistracy in order to divide power among several people and check their powers, both to prevent the rise of another king and to ensure more productive magistrates. Examples of Roman collegiality include the two consuls and censors , six praetors , eight quaestors , four aediles , ten tribunes and decemviri . Exceptions include extraordinary magistrates , dictators and

590-464: A high salary, in the U.S. the median salary of judges is $ 101,690 per annum, and federal judges earn $ 208,000–$ 267,000 per annum. In many civil law countries in Europe the majority of judges are women: in 5 countries ( Slovenia , Latvia , Luxembourg , Greece and Hungary ) women make more that 70% of judges of the first instance. In contrast, in common law countries ( UK , Ireland , Malta and

649-416: A judge are checked by higher courts such as appeals courts and supreme courts. The court usually has three main legally trained court officials: the judge, the prosecutor and the defence attorney. The role of a judge can vary between legal systems. In an adversarial system (common law), as in effect in the U.S. and England, the judge functions as an impartial referee, mainly ensuring correct procedure, while

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708-445: A man or Meretíssima Juíza when a woman (meaning "Most Worthy Judge") or as Vossa Excelência ("Your Excellency") when not specifying gender. In Romania , judges during trial are addressed as Onorata Instanta (Your Honor). In Russia, Vasha Chest ( Russian : Ваша Честь , lit.   'Your Honour') is used for criminal cases only with the one judge presiding. For civil, commercial and criminal cases presided over by

767-685: A panel of judges the right address is Honorable Court . In Spain, magistrates of the Supreme Court, magistrates and judges are addressed to as "Your Lordship" ( Su Señoría ); however, in formal occasions, magistrates of the Supreme Court are addressed to as "Your Most Excellent Lordship" ( Vuestra Señoría Excelentísima or Excelentísimo Señor / Excelentísima Señora ); in those solemn occasions, magistrates of lower Courts are addressed as "Your Most Illustrious Lordship" ( Vuestra Señoría Ilustrísima or Ilustrísimo Señor / Ilustrísima Señora ); simple judges are always called "Your Lordship". In Sweden,

826-458: A panel. In some civil law systems, this panel may include lay judges . Unlike professional judges, lay judges are not legally trained, but unlike jurors, lay judges are usually volunteers and may be politically appointed. Judges are often assisted by law clerks , referendaries and notaries in legal cases and by bailiffs or similar with security. There are both volunteer and professional judges. A volunteer judge, such as an English magistrate ,

885-577: A political election. Impartiality is often considered important for rule of law . Thus, in many jurisdictions judges may be appointed for life, so that they cannot be removed by the executive. However, in non-democratic systems, the appointment of judges may be highly politicized and they often receive instructions on how to judge, and may be removed if their conduct does not please the political leadership. Judges must be able to research and process extensive lengths of documents, witness testimonies, and other case material, understand complex cases and possess

944-795: A position he held until 1883. Thomas M. Cooley Law School of Lansing, Michigan , founded 1972, was named after Justice Cooley. Also, Cooley High School in Detroit and Cooley Elementary School in Waterford, Michigan are named in Justice Cooley's honor. Justice Cooley is recognized by the State Bar of Michigan as a "Michigan Legal Milestone". In 1824, Thomas Cooley was born in Attica, New York , to farmers Thomas Cooley and Rachel Hubbard. He attended Attica Academy and took an interest in

1003-501: A thorough understanding of the law and legal procedure, which requires excellent skills in logical reasoning, analysis and decision-making. Excellent writing skills are also a necessity, given the finality and authority of the documents written. Judges work with people all the time; by the nature of the job, good dispute resolution and interpersonal skills are a necessity. Judges are required to have good moral character , i.e. there must be no history of crime. Professional judges often enjoy

1062-404: Is laamanni ( lawspeaker ). They are assisted by notaries ( notaari ), assessors ( asessori ) and referendaries ( viskaali ) who may sometimes even chair sessions. In appeals courts ( hovioikeus ) an ordinary judge has the title hovioikeudenneuvos , the chairman of a section is hovioikeudenlaamanni and the court is led by a presidentti . In the Supreme Court, judges are titled oikeusneuvos and

1121-407: Is no special form of address; ordinary politeness is sufficient and the procedure lacks arcane rituals. Accordingly, the chairman of the panel is addressed as herra/rouva puheenjohtaja ("Mr./Ms. Chairman"). Finnish judges use gavels, but there are no robes or cloaks used in any Finnish courts. In a district court ( käräjäoikeus ), ordinary judges work with the title käräjätuomari and the chairman

1180-441: Is not required to have legal training and is unpaid. Whereas, a professional judge is required to be legally educated ; in the U.S., this generally requires a degree of Juris Doctor . Furthermore, significant professional experience is often required; for example, in the U.S., judges are often appointed from experienced attorneys . Judges are often appointed by the head of state . However in some jurisdictions, judges are elected in

1239-482: Is the full faith and credit clause of the United States Constitution : "[i]n accordance with what is variously known as Conflict of Laws, Comity , or Private International Law, rights acquired under the laws or through the courts of one country may often receive recognition...in the courts of another country, and it is the purpose of [U.S. Const., Art. IV, Sec. 1] to guarantee that this shall be

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1298-515: Is the judge, who will do the presiding, judging and sentencing on his own. As such, the judge is expected to apply the law directly, as in the French expression Le juge est la bouche de la loi ("The judge is the mouth of the law"). Furthermore, in some systems even investigations may be conducted by the judge, functioning as an examining magistrate. Judges may work alone in smaller cases, but in criminal, family and other significant cases, they work in

1357-443: Is the relationship between colleagues. A colleague is a fellow member of the same profession. Colleagues are those explicitly united in a common purpose and respect each other's abilities to work toward that purpose. A colleague is an associate in a profession or in a civil or ecclesiastical office. In a narrower sense, members of the faculty of a university or college are each other's colleagues. Sociologists of organizations use

1416-752: The magister equitum . In the Catholic Church, collegiality refers primarily to "the Pope governing the Church in collaboration with the bishops of the local Churches, respecting their proper autonomy." This had been the practice of the early Church and was revitalized by the Second Vatican Council . One of the major changes during the Second Vatican Council was the council's encouragement of bishops' conferences and

1475-841: The Chief Justice of Ireland has the postnominal CJ , the Presidents of the other Courts have the postnominal P , and all other judges J , e.g. Smith J . Judges of the Circuit Court are titled His/Her Honour Judge Surname and are addressed in Court as Judge . Before 2006, they were addressed as My Lord ( A thiarna ) . Judges of the District Court are titled Judge Surname and addressed in Court as Judge . Before 1991 these judges were known as District Justices and addressed as Your Worship ( d'Onóra ). In Italy,

1534-543: The Maryland Supreme Court wear distinct dress. In Italy and Portugal , both judges and lawyers wear particular black robes. In some countries, especially in the Commonwealth of Nations , judges wear wigs . The long wig often associated with judges is now reserved for ceremonial occasions, although it was part of the standard attire in previous centuries. A short wig resembling but not identical to

1593-570: The United States Congress was still free to prefer the Christian religion over other religions, in contrast to modern Constitutional law and interpretation] is also supported by Cooley in his Principles of Constitutional Law , where it is said that the clause forbids 'the setting up of recognition of a state church of special favors and advantages which are denied to others.'" "This assumption," Robert G. McCloskey wrote as to

1652-535: The University of Michigan Law School 's first professors. He would go on to play a major role in the development of the university and the Law School, serving on faculty until 1884, including a long stint as the law school's dean from 1871 until 1883. in 1864, Cooley was elected to the Supreme Court of Michigan, and served as the chief justice for 20 years. Politically, he remained a Republican, and even considered running for Congress in 1872. However, he maintained

1711-881: The Urdu equivalent Janab or Judge Sahab . In Sri Lanka , judges of most courts are addressed as Your Honour ; however, the Chief Justice is addressed as Your Lordship . Judges of the Supreme Court and the Appeal Court receives the title The Honourable . Judges in Vietnam are addressed as Quý tòa (literally the "Honorable Court"). In Bulgaria before 1989 during the communist regime, judges were addressed as drugarju ( Bulgarian : другарю , lit.   'comrade'). After 1989, gospodín sŭdiya (Bulgarian: господин съдия , lit.   'mister judge') or gospožo sŭdiya (Bulgarian: госпожо съдия , lit.   'madam judge'). There

1770-805: The Constitutional Limitations Which Rest Upon the Legislative Power of the States of the American Union , in which he analysed the creation of state constitutions and the enactment of laws. By 1890, the sixth edition was printed. Renowned constitutional law scholar Edward S. Corwin wrote of the extranational judicial recognition (and, of course, that under the United States) of the implementation of, or concurrence with, Article IV , within which

1829-631: The District of Columbia had mandatory retirement ages for State court judges, which ranged from 70 to 75 for most (but is as high as 90 in Vermont ). A 2020 study by the National Bureau of Economic Research found significant positive effects on the performance of state Supreme Courts with mandatory retirement age for judges. The authors advocated the adoption of mandatory retirement ages for all federal and state judges, although they felt, that

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1888-836: The English tradition. In writing, the post-nominal letters PJ is used to refer to a permanent judge of the Court of Final Appeal and NPJ to a non-permanent judge. In the High Court, the abbreviation JA is used to denote a justice of appeal, and the letter J refers to a judge of the Court of First Instance. Masters of the High Court are addressed as Master . When trials are conducted in Chinese, judges were addressed, in Cantonese, as Fat Goon Dai Yan ( Hong Kong Cantonese : 法官大人 , romanized:  faat3 gun1 daai6 jan4 , lit.   'Judge, your lordship') before

1947-653: The English traditions such as wearing wigs and robes in trials. In the lower courts, magistrates are addressed as Your worship , and district court judges as Your Honour . In the superior courts of record, namely the Hong Kong Court of Final Appeal and the High Court of Hong Kong (which consists of the Court of Appeal and the Court of First Instance ), judges are addressed as My Lord or My Lady and referred to as Your Lordship or Your Ladyship , following

2006-633: The High Courts were addressed as Your Lordship or My Lord and Your Ladyship or My Lady , a tradition directly attributable to England. The Bar Council of India had adopted a resolution in April 2006 and added a new Rule 49(1)(j) in the Advocates Act . As per the rule, lawyers can address the court as Your Honour and refer to it as Honourable Court . If it is a subordinate court, lawyers can use terms such as sir or any equivalent phrase in

2065-585: The United States of America . One edition of Cooley's treatise on the subject matter of Constitutional law was published in Boston by Little, Brown and Company in 1891. A Second Edition of the work was completed by a legal scholar and contemporary of Cooley's, Alexis C. Angell, in August, 1891. A third edition was published in Boston by Little, Brown and Company in 1898. In 1868 Cooley published A Treatise on

2124-700: The United States) the situation is reverse: over 70% of judges of the first instance are men. On the other hand, women are underrepresented in the Supreme Courts in the USA and all EU countries, except for Romania (in Romanian High Court of Cassation and Justice over 80% of judges are women). In the United States, federal judges are appointed "for good behavior", which means in practice, that federal judges work until they die, voluntarily retire or are impeached. The death of Ruth Bader Ginsburg in

2183-502: The [American] Civil War , gradually wrote into the common law of the States the principle of " qualified privilege ," which is a notification to plaintiffs in libel [law]suits that if they are unlucky enough to be office holders or office seekers, they must be prepared to shoulder the almost impossible burden of showing defendant's "special malice". Students of Constitutional law and Tort law will note this additional aspect of modern libel law as applied to legal issues intersecting

2242-511: The bench). American judges frequently wear black robes. American judges have ceremonial gavels , although American judges have court deputies or bailiffs and contempt of court power as their main devices to maintain decorum in the courtroom. However, in some of the Western United States , like California, judges did not always wear robes and instead wore everyday clothing. Today, some members of state supreme courts , such as

2301-770: The case among the States in certain instances." Corwin, or the editors of the 1978 Princeton University Press edition of The Constitution and What it Means Today thereinafter cited the Third Edition of Cooley's Principles of Constitutional Law . Corwin wrote, as to the Establishment Clause of the First Amendment of the United States Constitution (a clause contained within Amendment I ), "[i]t [that Justice Story believed

2360-514: The comments and comportment of public figures. Within his treatise The General Principles of Constitutional Law in the United States of America , on the subject of municipal corporations , Cooley wrote: It is axiomatic that the management of purely local affairs belongs to the people concerned, not only because of being their own affairs, but because they will best understand, and be most competent to manage them. The continued and permanent existence of local government is, therefore, assumed in all

2419-553: The court is led by a presidentti . In France, the presiding judge of a court is addressed as Monsieur le président or Madame le président , whilst associated judges are addressed as Monsieur l'Assesseur or Madame l'Assesseur . Out of the courtroom, judges are referred to as Monsieur le juge or Madame le juge . In Germany, judges are addressed as Herr Vorsitzender or Frau Vorsitzende , which translate as "Mister Chairman" and "Madam Chairwoman", or as Hohes Gericht , which translates as "High Court". The male presiding judge of

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2478-417: The individual authorities should decide on the specific age for themselves. A variety of traditions have become associated with the rank or occupation. Gavels (a ceremonial hammer) are used by judges in many countries, to the point that the gavel has become a symbol of a judge. In many parts of the world, judges wear long robes (often in black or red) and sit on an elevated platform during trials (known as

2537-548: The judges of Madras HC , Justice K Chandru had banned lawyers from addressing his court as My Lord and Your Lordship . In Israel, the judges ( Hebrew : שופט‬ , romanized :  shofét , lit.   'judge') of all courts are addressed as Sir , Madam (Hebrew: אדוני‬/גבירתי‬ , romanized:  adoni/geverti ) or Your Honor (Hebrew: כבודו‬/כבודה‬ , romanized:  kevodo/kevoda ). Typically after every naming you will hear haShofét , meaning "the judge" after

2596-517: The law and literary pursuits. In 1842, he studied law under Theron Strong , who had just completed a term as a U.S. Representative for New York to the House of Representatives of the United States Congress . The next year, he moved to Adrian, Michigan and continued to study law. By 1846, he was admitted to the Michigan bar and married Mary Horton. In addition to his small legal practice, Cooley

2655-540: The law reports, the Justices of the Supreme Court are usually referred to as "Lord/Lady N", although the Weekly Law Reports appends the post-nominal letters "JSC" (e.g. "Lady Smith JSC"). The President and Deputy President of the Court are afforded the post-nominal letters PSC and DPSC respectively. Only experienced barristers or solicitors are usually appointed as judges. Collegial Collegiality

2714-537: The legal essentiality of the concept due process of law in The American Supreme Court , "was a product[,] no doubt[,] of many converging factors: the multiplication of 'welfare state' threats, the Macedonian cries of the business community and its legal and academic defenders, a growing awareness that an interpretation of due process[,] which seemed impossibly novel[—]and probably unnecessary

2773-482: The office in 2020 and suspension of Pauline Newman in 2023 reinvigorated the discussion about mandatory retirement age for federal judges, but such change would require a constitutional amendment and is unlikely to be implemented soon. States have more flexibility in establishing a mandatory retirement age for judges, as was confirmed by the SCOTUS in its 1991 decision Gregory v. Ashcroft . As of 2015, 33 States and

2832-802: The presiding judge of a court is addressed as Signor presidente della corte . In the Netherlands , presiding judges of either sex are, in writing only, addressed edelachtbare ("Your Honour") for judges in the Court of First Instance, edelgrootachtbare ("Your Great Honour") for justices in the Court of Appeal and edelhoogachtbare ("Your High Honour") for justices in the High Council of the Netherlands (Supreme Court). In Poland, presiding judges of either sex during trial are addressed Wysoki Sądzie ("High Court"). In Portugal , presiding judges during trial are addressed as Meretíssimo Juiz when

2891-507: The presiding judge of a court is traditionally addressed as Herr Ordförande or Fru Ordförande , which translate as "Mister Chairman" and "Madam Chairwoman". In the Courts of England and Wales , Supreme Court judges are called Justices of the Supreme Court. Justices of the Supreme Court who do not hold life peerages are now given the courtesy style "Lord" or "Lady". Justices of the Supreme Court are addressed as "My Lord/Lady" in court. In

2950-436: The proceedings, as they generally are in the superior courts, are in English. In Pakistan, judges of the Supreme Court and the High Courts are addressed as Your Lordship or My Lord or Lordship and Your Ladyship or My Lady , a tradition directly attributable to England. There is some resistance to this on religious grounds but more or less continues till this day. In lower courts, judges are addressed as sir , madam or

3009-401: The prosecution and the defense present their case to a jury , often selected from common citizens. The main factfinder is the jury, and the judge will then finalize sentencing. Nevertheless, in smaller cases judges can issue summary judgments without proceeding to a jury trial. In an inquisitorial system (civil law), as in effect in continental Europe, there is no jury and the main factfinder

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3068-528: The regional language concerned. Explaining the rationale behind the move, the Bar Council had held that the words such as My Lord and Your Lordship were "relics of the colonial past". The resolution has since been circulated to all state councils and the Supreme Court for adoption but over five years now, the resolution largely remained on paper. However, in an unprecedented move in October 2009, one of

3127-598: The respective address. For example, Your Honor the Judge would be כבוד השופט‬ ( kevod haShofét ). Biy - elected judges using adat Zheti Zhargy . The Council of biys  [ kk ; ru ] was the highest council, a kind of senate . In Malaysia, judges of the subordinate courts are addressed as Tuan or Puan ("Sir", "Madam"), or Your Honour . Judges of the superior courts are addressed as Yang Arif ( lit.   ' Learned One ' ) or My Lord , My Lady , etc.; and Your Lordship or My Ladyship if

3186-656: The stamp of scholarly approval to an interpretation that seemed ethically more and more imperative." Corwin, or the editors of the 1978 Princeton University Press edition of The Constitution and What it Means Today , also cited Cooley in Constitutional Limitations . As to Amendment I , as to Freedom of the Press in the United States , Corwin writes: [i]n about half of the State constitutions, our State courts ... [in reference to prevailing attitudes prior to

3245-562: The state constitutions, and is a matter of constitutional right , even when not in terms expressly provided for. It would not be competent to dispense with it by statute . In a contrasting legal theorem to that of Dillon's Rule (which posits that towns and cities have no independent authority except as explicitly or implicitly granted by a state legislature) the Cooley Doctrine proposed a legal theory of an inherent but constitutionally-permitted right to local self-determination. In

3304-659: The subject matter of tort law was published in Chicago by Callaghan and Company in 1907. A Students' Edition was edited by John Lewis, a legal scholar and contemporary of Cooley. Lewis also wrote A Treatise on the Law of Eminent Domain . As a collegial work, Cooley's treatise on torts made extensive use of citations to case law . Completed in March, 1880, while Dean of the University of Michigan, Cooley had published his treatise The General Principles of Constitutional Law in

3363-467: The transfer of sovereignty from the United Kingdom to China, and as Fat Goon Gok Ha (Hong Kong Cantonese: 法官閣下 , romanized:  faat3 gun1 gok3 haa6 , lit.   'Judge, your honour') since 1997. Fat Goon (Hong Kong Cantonese: 法官 , romanized:  faat gun1 , lit.   'Judge') means the word "judge". In India , judges of the Supreme Court and

3422-472: The word 'collegiality' in a technical sense, to create a contrast with the concept of bureaucracy . Classical authors such as Max Weber consider collegiality as an organizational device used by autocrats to prevent experts and professionals from challenging monocratic and sometimes arbitrary powers. More recently, authors such as Eliot Freidson (USA), Malcolm Waters (Australia), and Emmanuel Lazega (France) have said that collegiality can now be understood as

3481-605: Was active in other intellectual and political pursuits. He wrote poems criticizing slavery and celebrating the European revolutions of 1848 , edited pro-Democratic newspapers, and founded the Michigan branch of the Free Soil Party in 1848. By 1856, he became a Republican . In the 1850s, he slowly built his professional reputation. He was compiler of Michigan statutes and a reporter for the Michigan Supreme Court . In 1859 he moved to Ann Arbor, Michigan and became one of

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