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.

How Did 6 Feet Become the Standard Grave Depth?

iStock
iStock

It all started with the plague: The origins of “six feet under” come from a 1665 outbreak in England. As the disease swept the country, the mayor of London literally laid down the law about how to deal with the bodies to avoid further infections. Among his specifications—made in “Orders Conceived and Published by the Lord Mayor and Aldermen of the City of London, Concerning the Infection of the Plague”—was that “all the graves shall be at least six feet deep.”

The law eventually fell out of favor both in England and its colonies. Modern American burial laws vary from state to state, though many states simply require a minimum of 18 inches of soil on top of the casket or burial vault (or two feet of soil if the body is not enclosed in anything). Given an 18-inch dirt buffer and the height of the average casket (which appears to be approximately 30 inches), a grave as shallow as four feet would be fine.

A typical modern burial involves a body pumped full of chemical preservatives sealed inside a sturdy metal casket, which is itself sealed inside a steel or cement burial vault. It’s less of a hospitable environment for microbes than the grave used to be. For untypical burials, though—where the body isn’t embalmed, a vault isn’t used, or the casket is wood instead of metal or is foregone entirely—even these less strict burial standards provide a measure of safety and comfort. Without any protection, and subjected to a few years of soil erosion, the bones of the dearly departed could inconveniently and unexpectedly surface or get too close to the living, scaring people and acting as disease vectors. The minimum depth helps keep the dead down where they belong.

Have you got a Big Question you'd like us to answer? If so, let us know by emailing us at bigquestions@mentalfloss.com.

This article originally appeared in 2012.

What's the Difference Between Apple Juice and Apple Cider?

iStock/Alter_photo
iStock/Alter_photo

In a time before pumpkin spice went overboard with its marketing, people associated fall with fresh apples. Crisp and fresh, they practically beg to be crushed and pulped into liquid. But what’s the difference between apple juice and apple cider?

According to the state of Massachusetts, home to a variety of apple-picking destinations, both apple juice and apple cider are fruit beverages. But apple cider is raw, unfiltered juice—the pulp and sediment are intact. To make cider, the apples are ground into an applesauce-like consistency, then wrapped in cloth. A machine squeezes the layers and strains out the juice into cold tanks. That’s the cider that ends up on store shelves.

Apple juice, on the other hand, takes things a step further—removing solids and pasteurizing the liquid to lengthen its shelf life. It’s typically sweeter, possibly with added sugar, and may lack the stronger flavor of its relatively unprocessed counterpart. It’s also often lighter in color, since the remaining sediment of cider can give it a cloudy appearance.

But that’s just the Massachusetts standard. Each state allows for a slight variation in what companies are allowed to call apple cider versus apple juice. The cider may be pasteurized, or the cider and juice may actually be more or less identical. One company, Martinelli’s, states in its company FAQ that their two drinks are the same in every way except the label: "Both are 100 percent pure juice from U.S. grown fresh apples. We continue to offer the cider label since some consumers simply prefer the traditional name for apple juice."

The US Apple Association, a nonprofit trade organization that represents growers nationwide, indicates that apple juice can be made from concentrate, which is why you might see water as the first ingredient on the label. Generally, cider is the hard stuff: Crushed apples with minimal processing. Because it can ferment, it's usually found refrigerated. Apple juice can often be found elsewhere in stores, where it can remain stable.

Which you should buy comes down to personal preference. Typically, though, recipes calling for apple cider should use apple cider. Processed juice may be too sweet an ingredient. And you can always try making a pumpkin spice hot apple cider, although we may stop talking to you if you do.

Have you got a Big Question you'd like us to answer? If so, let us know by emailing us at bigquestions@mentalfloss.com.

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