What Legal Authority Does Judge Judy Have?

Frazer Harrison/Getty Images
Frazer Harrison/Getty Images

While Judith Sheindlin was a real, live judge—New York City Mayor Ed Koch appointed her to family court in 1982 and then made her Manhattan's supervising family court judge in 1986—she's not acting as one on her show. Neither are any of the other daytime TV judges (whether they passed the bar and served as actual judges or not).

TV court shows don't take place in real courtrooms and they don't feature real trials, though they are usually real cases—the producers often contact parties who have pending litigation in small claims court and offer them the opportunity to appear on TV instead. What you're seeing on these TV court shows is really just arbitration playing dress-up in small claims court's clothes.

Arbitration is a legal method for resolving disputes outside the court. The disputing parties present their cases to a neutral, third-party arbitrator or arbitrators who hear the case, examine the evidence, and make a (usually binding) decision. Like a court-based case, arbitration is adversarial, but generally less formal in its rules and procedures.

The power that Judge Judy and the rest of the TV arbitrators have over the disputing parties is granted by a contract, specific to their case, that they sign before appearing on the show. These contracts make the arbitrators' decision final and binding, prevent the disputing parties from negotiating the terms of the arbitration, and allow the "judges" wide discretion on procedural and evidentiary rules during the arbitration.

TV judges make their decision on the case and either decide for the plaintiff, in which case the show's producers award them a judgment fee, or with the defendant, in which case the producers award both parties with an appearance fee. This system seems to skew things in favor of the defendants and gives them an incentive to take their case from court to TV. If they have a weak case, appearing on the show absolves them of any financial liability; if they have a strong case, they stand to earn an appearance fee along with their victory.

If one party or the other doesn't like the arbitrator's decision, it can really only be successfully appealed if it addresses a matter outside the scope of the contract. In 2000, Judge Judy had one of her decisions overturned for that reason by the Family Court of Kings County. In the case B.M. v. D.L., the parties appeared in front of Sheindlin to solve a personal property dispute. Sheindlin ruled on that dispute, but also made a decision on the parties' child custody and visitation rights. One of the parties appealed in court, and the family court overturned the custody and visitation part of the decision because they weren't covered by the agreement to arbitrate.

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This post originally appeared in 2012.

In What Field Was Dr. Martin Luther King Jr. a Doctor?

Express Newspapers/Getty Images
Express Newspapers/Getty Images

Martin Luther King Jr. earned a doctorate in systematic theology from Boston University in 1955. He’d previously earned a Bachelor of Arts from Morehouse College and a Bachelor of Divinity from Crozer Theological Seminary. His dissertation, “A Comparison of the Conception of God in the Thinking of Paul Tillich and Henry Nelson Wieman,” examined the two religious philosophers’ views of God in comparison to each other, and to King’s own concept of a "knowable and personal" God.

In 1989, some three decades after King had earned his doctorate, archivists working with The Martin Luther King Papers Project discovered that King’s dissertation suffered from what they called a “problematic use of sources.” King, they learned, had taken a large amount of material verbatim from other scholars and sources and used it in his work without full or proper attribution, and sometimes no attribution at all.

In 1991, a Boston University investigatory committee concluded that King had indeed plagiarized parts of his dissertation, but found that it was “impractical to reach, on the available evidence, any conclusions about Dr. King's reasons for failing to attribute some, but not all, of his sources.” That is, it could have been anything from malicious intent to simple forgetfulness—no one can determine for sure today. They did not recommend a posthumous revocation of his degree, but instead suggested that a letter be attached to the dissertation in the university library noting the passages lacked quotations and citations.

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Who Is 'The Real McCoy'?

Inventor Elijah McCoy is may or may not be "The Real McCoy."
Inventor Elijah McCoy is may or may not be "The Real McCoy."
Ypsilanti Historical Society, CC BY-SA 4.0 via Wikimedia Commons

After taking a cool, carbonated sip of champagne from the Champagne region of France, you might say, “Ah, now that’s the real McCoy.” Sparkling wine from anywhere else is technically just sparkling wine.

The phrase “the real McCoy,” which can be used to describe any genuine version of something, has several possible origin stories. And while none of them mention champagne, a few do involve other types of alcohol.

According to HowStuffWorks, the earliest known recorded instance of the saying was an 1856 reference to whisky in the Scottish National Dictionary—"A drappie [drop] o' the real MacKay”—and by 1870, a pair of whisky distillers by the name of McKay had adopted the slogan “the real McKay” for their products. As the theory goes, the phrase made its long journey across the pond, where it eventually evolved into the Americanized “McCoy.”

Another theory suggests “the real McCoy” originated in the United States during Prohibition. In 1920, Florida-based rum runner Bill McCoy was the first enterprising individual to stock a ship with alcohol in the Caribbean, sail to New York, and idle at least three miles offshore, where he could sell his wares legally in what was then considered international waters. Since McCoy didn’t water down his alcohol with substances like prune juice, wood alcohol, and even turpentine, people believe his customers started calling his top-notch product “the real McCoy.” There’s no definitive proof that this origin story is true, but The Real McCoy rum distillery was founded on the notion.

There are also a couple other leading theories that have nothing to do with alcohol. In 1872, inventor Elijah McCoy patented a self-regulating machine that lubricated parts of a steam engine without the need for manual maintenance, allowing trains to run continuously for much longer distances. According to Snopes, the invention’s success spawned a plethora of poor-quality imitations, which led railroad personnel to refer to McCoy’s machines as “the real McCoy.”

Elijah McCoy’s invention modernized the transportation industry, but he wasn’t the only 19th-century McCoy who packed a punch. The other was welterweight champion Norman Selby, better known as Kid McCoy. In one story, McCoy decked a drunken bar patron to prove that he really was the famous boxer, prompting others to christen him “the real McCoy.” In another, his alleged penchant for throwing fights caused the press to start calling him “the real McCoy” to acknowledge when he was actually trying to win. And yet another simply suggests that the boxer’s popularity birthed so many McCoy-wannabes that Selby started to specify that he was, in fact, the real McCoy.

So which “the real McCoy” origin story is the real McCoy? The 1856 Scottish mention of “the real MacKay” came before Elijah McCoy’s railroad invention, Kid McCoy’s boxing career, and Bill McCoy’s rum-running escapades, but it’s possible that the phrase just gained popularity in different spheres at different times.

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