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.

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 post originally appeared in 2012.

Why Are We So Scared of Clowns?

Warner Bros.
Warner Bros.

With the recent box office-smashing success of Stephen King's It, it’s safe to say that coulrophobia (fear of clowns) isn’t a fringe phenomenon. The colorful circus performers are right up there with vampires and werewolves on the list of iconic horror villains. But unlike other movie monsters, clowns were originally meant to make kids laugh, not hide under their beds in terror. So what is it about clowns that taps into our deepest fears?

According to Yale doctoral candidate Danielle Bainbridge, the unsettling clown stereotype goes back centuries. In the inaugural episode of the PBS digital series Origin of Everything, Bainbridge explained the long history of this pervasive part of our culture.

Before clowns wore floppy shoes and threw pies at each other’s faces, early versions of the performers could be found in royal courts. The court jester wasn’t evil, but he was the only person in the kingdom who could poke fun at the monarch without fear of (literally) losing his head. The fact that fools didn’t fall within the normal social hierarchy may have contributed to the future role clowns would play as untrustworthy outsiders.

From the medieval era, clowns evolved into the harlequins of 16th-century Italian theater. Again, these weren’t bloodthirsty monsters, but they weren’t exactly kid-friendly either. The characters were often mischievous and morally bankrupt, and their strange costumes and masks only added to the creepy vibes they gave off.

Fast-forward to the 19th century, when the white-faced circus clowns we know today started gaining popularity. Unlike the jesters and harlequins that came before them, these clowns performed primarily for children and maintained a wholesome image. But as pop culture in the 1970s, '80s, and '90s showed us, that old perception we had of clowns as nefarious troublemakers never really went away. Steven King’s It, the cult classic Killer Clowns From Outer Space (1988), and that scene from Poltergeist (1982) all combined these original fears with the more modern association of clowns with children. That formula gave us one of the most frightening figures in horror media today.

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

Why Do We Call a Leg Cramp a Charley Horse?

iStock.com/Jan-Otto
iStock.com/Jan-Otto

If you’re unlucky enough to have experienced a charley horse—a painful muscle spasm or cramp in your leg—then you may have found yourself wondering what this nonsensical phrase even means. Who is this Charley character? Where did he come from? And what does he know about my pain?

Like the words flaky and jazz, this term likely entered the language from the baseball field. While the idiom’s etymology isn’t 100 percent certain, archived newspaper articles suggest it was coined by a baseball player in the 1880s. We just don’t know which player said it first, or why.

According to a January 1887 article in the Democrat and Chronicle, the phrase was well-known to baseball players at the time—but to the average person, charley horses were as enigmatic as “an Egyptian hieroglyphic.” That year, charley horses were mentioned in a slew of newspapers across America, and some attempted to tackle the phrase’s murky origin. “Nearly every sporting journal gives a different version as to how the term charley horse originated in baseball circles,” the Oakland Daily Evening Tribune reported at the time.

The likeliest tale, according to the paper, centered around John Wesley "Jack" Glasscock, a shortstop who at the time was playing for Indianapolis. At some point a few years earlier, the player had strained a tendon in his thigh during a game and afterwards went home to his farm, where his father looked after a lame old horse called a "Charley horse." When the senior Glasscock saw his son limping along, he reportedly exclaimed, “Why, John, my boy, what is the matter; you go just like the old Charley horse?” John supposedly shared the funny turn of phrase with his teammates, and from there it spread. Similar accounts were reported in other newspapers, but they were attributed to various other players.

Other reports say the phrase has nothing to do with a live animal, but rather the fact that an injured player, while running, resembles a rocking horse or a child riding astride a wooden hobby horse.

The New Dickson Baseball Dictionary by Paul Dickson details a few other theories. In two versions of the same basic tale, Orioles or Chicago Cubs players went to the races and bet on a horse named Charlie who "pulled up lame in the final stretch." The next day, a player pulled a tendon in his leg and was said to resemble “our old Charlie horse.”

Alternatively, its origin may relate to an old workhorse that was tasked with pulling a roller across the infield. “Often in the 1800s, old workhorses kept on the grounds of ballparks were called Charley. The movements of the injured, stiff-legged ballplayers were likened to the labored plodding of these old horses, and the injury itself eventually became known as a ‘charley’ or ‘charley horse,'" Tim Considine wrote in 1982's The Language of Sport.

It also appears that charley horse originally implied a much more serious injury—or perhaps there was a bit of hysteria surrounding a condition that seemed new and scary in the late 19th century. The Democrat and Chronicle described a charley horse as a “giving way of one of the small tendons of the leg” and said an injured baseball player might need an entire season to recover. Another article from 1887 said ballplayer George Van Haltren’s relatives were worried he would get a charley horse, “although they do not know what that is.” He was said to have been “very fortunate” because he had “not yet encountered the terrible charley horse.”

For comparison, Healthline.com now says charley horses “are generally treatable at home” by stretching, massaging, or icing the afflicted area, although the muscle pain can linger for up to a day in some cases. So there you have it. We may never know the exact etymology of the charley horse, but the next time you get a sharp pain in your leg, you can thank an old-timey ballplayer for making your struggle sound so silly.

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

SECTIONS

arrow
LIVE SMARTER