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judge's opinion on "briefly"

hammer6

hammer6

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Florida
I just had a question...i was thinking about it today-

does a judge's opinion have to be in court, or can it be out of court, pertaining to what "briefly" means?

and- does it matter what kind of judge it is?


by out of court i mean- if a judge tells someone- briefly is open ended, and doesn't have a definitive time on it, so whether it's 5 seconds or 5 minutes, neither one can be the meaning....

but then i know that wouldn't hold any ground legally, because there wouldn't be case law. i'm just saying IF, we were able to get a judge to give an opinion on it, would that help us out at all?
 
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J

JeepSeller

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Typically, to be a binding legal judgement, it requires an actual "judgement". Meaning an actual, written, judgement entered into the court records and, eventually, recorded in the counties legal registers.

An opinion of a judge, outside of court, would, IMHO, be just that, an opinion.
 
thebigsd

thebigsd

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hammer6 said:
I just had a question...i was thinking about it today-

does a judge's opinion have to be in court, or can it be out of court, pertaining to what "briefly" means?

and- does it matter what kind of judge it is?


by out of court i mean- if a judge tells someone- briefly is open ended, and doesn't have a definitive time on it, so whether it's 5 seconds or 5 minutes, neither one can be the meaning....

but then i know that wouldn't hold any ground legally, because there wouldn't be case law. i'm just saying IF, we were able to get a judge to give an opinion on it, would that help us out at all?
Click to expand...

Just wondering, did you have particular judge in mind or an instance where a judge was talking about "briefly" or were you just floating the idea? Unfortunately, like someone said, judges rulings only count if they are done in the court setting and officially entered into the record. An interesting idea nonetheless.
 
hammer6

hammer6

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thebigsd said:
Just wondering, did you have particular judge in mind or an instance where a judge was talking about "briefly" or were you just floating the idea? Unfortunately, like someone said, judges rulings only count if they are done in the court setting and officially entered into the record. An interesting idea nonetheless.
Click to expand...



yeah i only ask because i am personal friends with 3 judges where i live....2 county and 1 circuit judge...
 
Jojo712

Jojo712

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hammer6 said:
yeah i only ask because i am personal friends with 3 judges where i live....2 county and 1 circuit judge...
Click to expand...

I can only hope that one of my clients has one of these judges one day. In that case, their opinion becomes precedent, and that section of the law would be nullified until the appeals court gets it.
 
hammer6

hammer6

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Jojo712 said:
I can only hope that one of my clients has one of these judges one day. In that case, their opinion becomes precedent, and that section of the law would be nullified until the appeals court gets it.
Click to expand...

so should i ask one of them their opinion on the word briefly? or what?
 
G

GIdeon_70

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Oct 22, 2007
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, ,
hammer6 said:
I just had a question...i was thinking about it today-

does a judge's opinion have to be in court, or can it be out of court, pertaining to what "briefly" means?

and- does it matter what kind of judge it is?


by out of court i mean- if a judge tells someone- briefly is open ended, and doesn't have a definitive time on it, so whether it's 5 seconds or 5 minutes, neither one can be the meaning....

but then i know that wouldn't hold any ground legally, because there wouldn't be case law. i'm just saying IF, we were able to get a judge to give an opinion on it, would that help us out at all?
Click to expand...

The best option is to ask for an opinion from the Attorney General.
 
77zach

77zach

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Feb 5, 2007
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Location
Marion County, FL
Rich7553 said:
Can't. Only certain official offices, i.e. sheriffs, can request an AG opinion.
Click to expand...

Even if you could ask, she might not give an opinion. "Briefly" isn't defined anywhere so she might just shrug. She is a neocon drug warrior so we probably don't want an opinion anyway. I'm not sure if she makes an exception to her statism when it comes to gun rights or not.
 
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