# Can a judge ignore the law because, in her opinion, it just isn't common sense?

**URL:** <https://boards.straightdope.com/t/can-a-judge-ignore-the-law-because-in-her-opinion-it-just-isnt-common-sense/255885>\
**Category:** Factual Questions\
**Created:** [July 19, 2004, 9:47pm UTC](https://boards.straightdope.com/t/can-a-judge-ignore-the-law-because-in-her-opinion-it-just-isnt-common-sense/255885 "2004-07-19T21:47:17Z")\
**Posts on this page:** 2\
**Page:** 2

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**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\
**Post date:** [July 20, 2004, 1:31pm UTC](https://boards.straightdope.com/t/can-a-judge-ignore-the-law-because-in-her-opinion-it-just-isnt-common-sense/255885/21 "2004-07-20T13:31:49Z")

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> [@Liberal](#):
>
> Yeah, I knew that. That’s why I asked in the OP whether it mattered if she’d agreed to uphold the laws of particular jurisdictions. But if the transcript I gave had indeed been in an actual courtroom, would it have held up to appelate scrutiny?

No. In a real courtroom, the judge must give a reason for her decision to ignore a law that goes well beyond “common sense.”

She could find, for example, that the mini-tort liability law was agaist public policy, that it infringed upon the due process rights of a litigant, or some other constitutional underpinning… even then, her conclusion of law is reviewed _de novo_ - fresh and anew - by the appellate court, and is entitled to no particular deference… unlike her findings of fact, which the reviewing court are bound to accept on appeal unless they are plainly without support in the record.

- Rick

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**Author:** ![Liberal](https://avatars.discourse-cdn.com/v4/letter/l/848f3c/32.png) [@Liberal](https://boards.straightdope.com/u/Liberal)\
**Post date:** [July 20, 2004, 1:48pm UTC](https://boards.straightdope.com/t/can-a-judge-ignore-the-law-because-in-her-opinion-it-just-isnt-common-sense/255885/22 "2004-07-20T13:48:27Z")

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Thanks. I believe that answers all my questions.

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