Is Judge Judy representative of small claims court?

[teller80]

I don't mean personality-wise, I mean from a legal standpoint. She seems to judge unfairly at times, and other times she doesn't even look at evidence someone wants to present. She also doesn't read affidavits, is that typical?

I realize it's a tv show, but I'm curious as to how small claims court is run in real life compared to her show.

 

[pryncess527]

I don't watch jUdge Judy, but I do love the People's Court and that doesn't really sound like how that Judge does things. I almost always thin Judge Millan has been fair and I understand the legal grounds for her decision

 

[MickeySP]

I don't mean personality-wise, I mean from a legal standpoint. She seems to judge unfairly at times, and other times she doesn't even look at evidence someone wants to present. She also doesn't read affidavits, is that typical?

I realize it's a tv show, but I'm curious as to how small claims court is run in real life compared to her show.

No more than Kardashians represent real life

 

[Kimberle]

Judy is an actual Judge. She presided over Family Court in the NYC area for many years.

Now, she is a reality TV performer.

 

[rigs32]

Rules of evidence apply in a small claims court. In most places an affidavit is not admissible. You have to bring witnesses.

 

[Mizzoufan]

I don't mean personality-wise, I mean from a legal standpoint. She seems to judge unfairly at times, and other times she doesn't even look at evidence someone wants to present. She also doesn't read affidavits, is that typical?

I realize it's a tv show, but I'm curious as to how small claims court is run in real life compared to her show.

To me she more of an arbiter then a judge. As for her style she was a judge for years in NY and highly respected.

I personally love her and she doesn't put up with nonsense.People have to know what except when they chose to on her show.

 

[blana]

A friend was approached once to go Judge Joe Brown when he was in a dispute with a renter over back rent. He was told that the show would pay what he was using for regardless of the "trial" outcome. He was really hoping his renter would agree to it, but she didn't. So, I think that's partially why they don't look at all the evidence on the TV shows.

 

[pryncess527]

To me she more of an arbiter then a judge.

Yep! I know in the case of The People's Court, what we see is an arbitration of the dispute. The show's producers look through the records of people who have filed claims in Small Claims court and approach them, asking them if they'd like to drop their case and have the dispute arbitrated on the show instead.

I also know that on the People's Court, it's sometimes alluded that the Judge looked at evidence we may not see on screen. She'll sometimes leave the bench to go make a call to a relevant party or expert to find out more info.

They also post a disclaimer at the end of People's Court that says there is a fund set up for each case based on the amount of the lawsuit -- the judgement is paid out of the fund and the remainder is split between both parties.

 

[BrianL]

The thing to know about these judge shows is that both parties are paid for their appearance. They have dismissed their real court cases and agreed to the arbitration of the TV judge. If the plaintiff is awarded any money it comes out of the other person's share of the fees, so they might make less money, but it's basically a win-win for those appearing.

 

[Pakey]

I had a very good friend who recently had her episode air on Judge Judy (it taped about 3 months ago); I went with her for the taping as JJ is a huge guilty pleasure of mine. Based on what I know of real small claims and from going through this process with my friend, I would say that it's "loosely" based on real court. And FYI, both parties are paid for their travel expenses. My friend was given a hotel room (she did not get to choose the hotel) and she was given a very small amount for meal cost for the night before the airing but that was all that she was getting unless she won her case. She was offered a very small (and I mean, small) appearance fee if she elected to waive whatever she might receive if the judge ruled in her favor but it was so small that there was no way she was taking it and chose to take her chances that she would win the case. It was very interesting going through the entire process with her and I learned a great deal about how it all works that I hadn't ever considered. And I still love Judge Judy.

 

[nkereina]

I've been to small claims before. They definitely have fewer rules in small claims. It's probably up to the judge as to whether they'll accept affidavits because a true affidavit should be notarized. The court recognizes that regular people come to small claims without legal counsel and probably don't know that kind of thing. Also, judges in small claims rule by a preponderance of the evidence. It's not like criminal court where it has to be beyond a reasonable doubt. Judges have more leeway in making decisions about small claims cases, so while we may think they are ruling unfairly or making a rash decision, they just have to determine if it's more likely than not.

 

[cijay]

Judy is an actual Judge. She presided over Family Court in the NYC area for many years.

Now, she is a reality TV performer.

I agree. I think she is livin' her dream...all the things she wanted to say in all the years she did work but wasn't allowed to. I think someone said that all of the decisions and judgements have all been made before they appear and of course the people have to sign the okay. I think she's hilarious but Marilyn is more compassionate. I like her because she doesn't try to be Judy.

 

[RitaE]

I agree. I think she is livin' her dream..

Heck, I think she's living my dream.

She gets paid a truck load of money to sit in a big chair and tell people what she really thinks of them. I'm not sure there's a better job out there.

 

[scrapquitler]

I don't mean personality-wise, I mean from a legal standpoint. She seems to judge unfairly at times, and other times she doesn't even look at evidence someone wants to present. She also doesn't read affidavits, is that typical?

I realize it's a tv show, but I'm curious as to how small claims court is run in real life compared to her show.

She reads the affadavits (she calls them the 'answers') ahead of time. It wouldn't be very entertaining to watch her read them on tv.

People get an appearance fee to be on the show, and they get flown to the taping, so the cases aren't taking place in the 'right' state that has jurisdiction. I've even heard her say that it doesn't matter what the law says, she gets to decide the verdict. So I wouldn't use the show as a basis for deciding how small claims court actually works.

That said, I find the show highly entertaining, and I agree with her decisions most of the time. I like that she says what she thinks, and sometimes I find the people to be ridiculous. My son sometimes watches with me and tells me that those people should just be nicer to each other so they don't have to go to court.

 

[msjprincess]

She reads the affadavits (she calls them the 'answers') ahead of time. It wouldn't be very entertaining to watch her read them on tv.

People get an appearance fee to be on the show, and they get flown to the taping, so the cases aren't taking place in the 'right' state that has jurisdiction. I've even heard her say that it doesn't matter what the law says, she gets to decide the verdict. So I wouldn't use the show as a basis for deciding how small claims court actually works.

I think the OP is referring to affidavits from witnesses. Judge Judy doesn't accept them at all. On People's Court she will occasionally accept affidavits from witnesses as long as it isn't the bulk of their evidence.

 

[tvguy]

They also kind of merge all the laws of all the states, which doesn't always work.
Judge Joe Brown had a defective used car sale dispute that happened in California. I think in almost every state, if there is no written warranty, a used car sale is "as-is". Well, California has one exception to "as-is" on used car sales, the seller is ALWAYS responsible for any costs involved in getting the car to pass a smog check. This was a car that failed smog. Judge Joe said "used car sales are always as it". Not in California they aren't. I e-mailed them, never heard back.But they have a disclaimer at the end of the show that basically says rulings on made on a mix of state laws and may not apply in every state.

 

[pryncess527]

They also kind of merge all the laws of all the states, which doesn't always work.
Judge Joe Brown had a defective used car sale dispute that happened in California. I think in almost every state, if there is no written warranty, a used car sale is "as-is". Well, California has one exception to "as-is" on used car sales, the seller is ALWAYS responsible for any costs involved in getting the car to pass a smog check. This was a car that failed smog. Judge Joe said "used car sales are always as it". Not in California they aren't. I e-mailed them, never heard back.But they have a disclaimer at the end of the show that basically says rulings on made on a mix of state laws and may not apply in every state.

This is another reason I love Judge Millan -- she does not do that (even though legally I'm sure she could since the people agreed to have their case settled by her). She almost always makes reference to the laws for the state the people are from and explains how it impacted her ruling, how it might have gone differently if they'd been from a different state, etc.

I really find her show very informative!!!

 

[tvguy]

This is another reason I love Judge Millan -- she does not do that (even though legally I'm sure she could since the people agreed to have their case settled by her). She almost always makes reference to the laws for the state the people are from and explains how it impacted her ruling, how it might have gone differently if they'd been from a different state, etc.

I really find her show very informative!!!

I agree.

 

[cijay]

I love how both Judy and Marilyn treat people who have mistreated animals. They're both avid animal lovers and they make abusers or seedy breeders go