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

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

Thanks. I believe that answers all my questions.