Referee

Referee Quasijudicial Officer Court Appointments Legal Procedure Fact Determination Judicial Findings
A quasijudicial officer appointed by a court for a specific purpose, to whom the court refers power and duty to take testimony, determine issues of fact, and report the findings for the court to use as a basis for judgment.
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Definition

A referee is a quasijudicial officer appointed by a court to perform specific tasks related to a legal proceeding. The referee has the authority to take testimony, determine issues of fact, and report findings to the court. These findings can be used by the court as a basis for making a judgment.

Examples

  1. Family Law Disputes: In cases involving complex child custody issues, a court may appoint a referee to gather testimony from both parents, children, and possibly other witnesses. The referee then makes recommendations to the court regarding custody arrangements.

  2. Bankruptcy Cases: A referee might be appointed to handle the creditors’ claims, assess the assets of the debtor, and offer recommendations on how to divide the debtor’s remaining assets.

  3. Real Estate Partition: For disputes over property divisions, a referee could be tasked with evaluating the property, taking testimonies, and recommending an equitable division among disputing parties.

Frequently Asked Questions (FAQs)

What qualifications must a referee have?

Referees are usually experienced attorneys or retired judges who possess the necessary legal expertise and impartiality to conduct their responsibilities effectively.

How is a referee’s appointment decided?

A court decides to appoint a referee when specialized knowledge or extensive fact-finding is required for a legal issue that the judge is unable to address personally.

Can parties object to the appointment of a referee?

Yes, parties involved in the case can typically file objections to the appointment of a referee, and the court will consider these objections before making a final decision.

Are a referee’s findings binding?

The findings of a referee are usually not binding, but they carry significant weight and are usually adopted by the court unless there is compelling reason to reject them.

Can a referee be removed from a case?

Yes, a referee can be removed from their appointment if there are valid reasons, such as bias or incompetence. Parties usually file a motion to the court to request removal.

  • Arbitrator: A neutral third party who resolves disputes outside of the court system. Unlike referees, the decisions made by arbitrators can be binding.

  • Magistrate: A judicial officer with limited adjudicatory powers, often used for preliminary hearings and procedural matters.

  • Special Master: Similar to a referee, but typically used in more complex cases requiring extensive management or technical expertise.

  • Judge Pro Tem: A temporary judge appointed to handle specific cases, often to assist with caseload backlogs.

Online References

  1. Legal Information Institute - Referee: Comprehensive overview from Cornell Law School.
  2. FindLaw - Court Referee: Legal definitions and resources related to court referees.

Suggested Books for Further Studies

  • “Black’s Law Dictionary” by Bryan A. Garner – An authoritative legal dictionary that defines and explains numerous legal terms, including those related to judicial appointments.
  • “Basic Real Estate and Property Law for Paralegals” by Jeffrey A. Helewitz – This book provides foundational knowledge on property law, including the role of referees in property disputes.

Fundamentals of Referee: Judicial Procedures Basics Quiz

### What is the primary role of a referee in a legal setting? - [x] To take testimony, determine issues of fact, and report findings to the court. - [ ] To provide legal advice to the parties involved. - [ ] To act as a mediator between disputing parties. - [ ] To issue final, binding judgments in cases. > **Explanation:** A referee is appointed to take testimony, determine issues of fact, and report findings to the court, which forms the basis for the court's judgment. ### Who typically makes up the pool of individuals eligible to be referees? - [x] Experienced attorneys or retired judges - [ ] Jurors from previous cases - [ ] Law students - [ ] Non-legal professionals with related expertise > **Explanation:** Referees are usually experienced attorneys or retired judges with the necessary legal expertise and impartiality. ### Can a party involved in the case object to the appointment of a referee? - [x] Yes - [ ] No > **Explanation:** Parties involved in the case can file objections to the appointment of a referee, and the court will consider these objections. ### In what type of cases might a referee be appointed? - [x] Complex family law disputes - [x] Bankruptcy cases - [x] Real estate partition disputes - [ ] Criminal cases > **Explanation:** Referees are often appointed in complex family law disputes, bankruptcy cases, and real estate partition disputes. They are not typically appointed in criminal cases. ### Are the findings of a referee usually binding? - [ ] Yes, always - [x] They carry significant weight, but are not usually binding - [ ] No, they have no effect on the court's decision - [ ] They are binding only in bankruptcy cases > **Explanation:** The findings of a referee usually carry significant weight and are often adopted by the court unless there is compelling reason to reject them. ### Can a referee's findings be rejected by the court? - [x] Yes, if there is compelling reason - [ ] No, they must always be accepted - [ ] Only if both parties agree to reject - [ ] Only if the referee withdraws their findings > **Explanation:** The court can reject a referee's findings if there is compelling reason to do so, although such findings are generally given significant weight. ### What is the purpose of having a referee instead of handling all issues in front of a judge? - [x] To handle specialized knowledge or extensive fact-finding that the judge cannot address personally - [ ] To provide a second opinion for every case - [ ] To decide the case in place of the judge - [ ] To ensure that trials are lengthened > **Explanation:** Referees are appointed to handle specialized knowledge or extensive fact-finding that a judge is unable to personally address. ### Who can move to remove a referee from their appointment? - [x] Any party involved in the case who feels there is valid reason such as bias or incompetence - [ ] Only the judge who appointed the referee - [ ] Only the plaintiff - [ ] Only the defendant > **Explanation:** Valid reasons such as bias or incompetence can justify a motion from any involved party to remove a referee. ### What is a key difference between a referee and an arbitrator? - [x] A referee's findings are not usually binding, while an arbitrator's decisions can be binding. - [ ] An arbitrator works only within the court system. - [ ] A referee issues final judgments. - [ ] Only a referee resolves disputes outside of courts. > **Explanation:** A key difference is that a referee's findings are not usually binding, while an arbitrator’s decisions can be binding. ### What type of legal professionals are similar in role to a referee? - [x] Magistrates - [x] Special Masters - [x] Judge Pro Tem - [ ] Jurors > **Explanation:** Magistrates, Special Masters, and Judges Pro Tem have similar roles to referees in terms of handling specific tasks or cases assigned by the courts.

Thank you for exploring the detailed responsibilities and procedures involving referees in the legal system. Keep striving for excellence in your judicial knowledge!

Wednesday, August 7, 2024
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