What is a trial court judge?

A trial court judge proceeds over a criminal or civil trial. To give a practical explanation, the trial judge serves a role similar to a referee in a sports game. The trial judge plays the following roles in the judicial process:

• Applying Procedural Law 
• Applying Substantive Law 
• Role as Fact-Finder 
• Applying Equity 

Each of these is discussed below.

The judge has the power to enforce her orders through her Contempt Power.

Who does a trial judge Apply Procedural Law?

 The judge marshals the proceeding and presentation of evidence in accordance with procedural law. 

In this capacity, she observes and applies constitutional limitations and guarantees of due process of law. 

This includes applying procedural law, such as the admission of evidence at trial.

How does a Trial Judge apply Substantive Law?

The judge identifies applicable rules of law to apply in each case. 

In essence, the judge tells the jury what law to apply when trying the defendants conduct. 

This is commonly known as instructing or charging the jury.

When does a trial judge serve as Fact-Finder?

In some cases, the parties are not entitled to a jury trial. 

As such, the trial judge may also serve as the finder of fact (the typical role of the jury). 

A judge often assumes this role in lower-level courts or when the defendant requests trial by judge alone. 

For example, the judge assumes the role of fact finder in traffic or small claims courts.

If the judge finds that the law or evidence presented by one party does not meet the legal standards for bringing a cause of action against a defendant, the judge may order or issue a Declaratory Judgment.

What does a Trial Judge Apply Equity? 

Equity is the inherent power of a judge to act in accordance with principles of fairness or justice when the law does not provide an adequate remedy through money damages. 

Equity allows the judge to order parties to take actions to achieve a fair and just result, known as granting Equitable Relief.

Related Topics

• US Courts (Intro)
• What is the Authority for Article III Courts?
• What is the Authority for Article I Courts?
• What is the authority for courts under Article II?
• What is the authority for Article IV Territorial Courts?
• What is the authority for State Courts?
• What are Article III Courts?
• What are Article I Administrative Courts?
• What are Article IV Territorial Courts?
• What are state courts?
• What is Subject-Matter Jurisdiction?
• What is Federal Court Subject-Matter Jurisdiction?
• What is State Court Subject-Matter Jurisdiction?
• Can a Federal trial courts hear state matters & vice versa?
• Can a Federal appellate court hear federal matters & vice versa?
• What is Personal Jurisdiction?
• How to establish Federal Court Personal Jurisdiction?
• How to establish State Court Personal Jurisdiction?
• What is a Long-Arm Statute?
• Who are the primary players in the state judicial system?
• What types of judges are part of the judiciary?
• What are the duties of trial judges in the legal system?
• Contempt of Court
• Declaratory Judgment
• Equitable Relief
• Equity - Definition
• What are the duties of Appellate Judges & Justices?
• De Novo Review
• What is the role of jurors in the judicial system?
• What number of jurors and juror votes are required for guilt or liability?
• What do Attorneys do?
• Who are the other players in the judicial system?
• US Circuit Court?
• US Supreme Court?
• Appeals from Legislative and Administrative Courts
• Appeals in the state court system?