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The law is a jealous mistress, and requires a long and constant courtship.
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Legal Definitions - judicate
Definition of judicate
To judicate means to make a formal decision or judgment in a legal dispute or matter. This process typically involves a neutral third party, such as a judge, arbitrator, or administrative body, hearing evidence and arguments from all parties involved, applying relevant laws and regulations, and then issuing a binding conclusion. It is synonymous with the term "adjudicate."
Here are some examples:
Court Case - Property Boundary Dispute: Imagine two neighbors who cannot agree on where their property line lies, leading to one neighbor suing the other. A judge will preside over the trial, review land surveys, hear testimony from both property owners and any expert witnesses, and consider relevant property laws. The judge will then judicate the dispute by issuing a final ruling that legally defines the boundary between the two properties.
This illustrates the term because the judge is making a formal, binding decision after considering evidence and legal arguments in a contested matter.
Administrative Hearing - Professional License Revocation: A state licensing board receives a complaint alleging that a doctor has engaged in professional misconduct. The board convenes a hearing where the doctor can present their defense, call witnesses, and submit evidence, while the complainant also presents their case. After reviewing all the information and applying the board's professional conduct regulations, the board will judicate whether the doctor's license should be suspended, revoked, or if no action is warranted.
Here, an administrative body is formally deciding a matter of professional conduct based on presented facts and established rules, which is an act of judication.
Arbitration - Commercial Contract Disagreement: Two companies have a contract for software development, but they disagree on whether the final product met the agreed-upon specifications. Their contract stipulates that any disputes must be resolved through binding arbitration. An independent arbitrator will hold a hearing, allowing both companies to present their technical evidence, expert opinions, and legal arguments. The arbitrator will then judicate the dispute by issuing a final decision on whether the contract was fulfilled and what financial remedies, if any, are due.
This example shows how an arbitrator, acting as a neutral decision-maker outside of a traditional court, formally resolves a dispute by applying contractual terms and legal principles, thereby judicating the matter.
Simple Definition
To judicate means to formally hear and decide a legal case or dispute. It involves a judge or tribunal making an official judgment after considering the evidence and arguments presented by the parties involved.