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What Legal Authority Does Judge Judy Have?

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Judge Judy just re-upped through 2020. Terms were not disclosed, but in her last contract, she reportedly made $47 million a year. What kind of legal power comes with it?

While Judith Sheindlin was a real, live judge — New York City Mayor Ed Koch appointed her to criminal 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.

From one of Judge Judy's old contracts: "The Arbitrator's Decision and her interpretation and application of laws and principles she uses in arriving at the Decision, shall be final and binding upon the parties hereto."

Court Costs

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, and 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.

While these court shows can be entertaining, social scientists and legal scholars worry about their effect on viewers' perception of how courts work and apply justice. In a survey of litigants in small claims court in 1988, the height of popularity of The People's Court, researchers were shocked by how often the show was mentioned when talking about expectations of the justice system, and suspected that the show may have had a major influence on some people's decision to even go to court and on the way they prepared their case.

Thanks to reader Marty for suggesting this Big Question. This post originally appeared in 2012.

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Why Is Holly a Symbol of Christmas?
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Santa Claus. A big ol’ red-and-white stocking hung by the fire. Nativity scenes. Most classic Christmas imagery is pretty self-explanatory. Then there’s the holly, genus Ilex, which found its way onto holiday cards through a more circuitous route. 

Christmas is kind of the new kid on the block as far as holly symbolism is concerned. The hardy plant’s ability to stay vibrant through the winter made it a natural choice for pre-Christian winter festivals. The Roman feast of Saturnalia, celebrated at the darkest time of the year, celebrated the god of agriculture, creation, and time, and the transition into sunshine and spring. Roman citizens festooned their houses with garlands of evergreens and tied cheery holly clippings to the gifts they exchanged.

The Celtic peoples of ancient Gaul saw great magic in the holly’s bright "berries" (technically drupes) and shiny leaves. They wore holly wreaths and sprigs to many sacred rites and festivals and viewed it as a form of protection from evil spirits. 

Christianity’s spread through what is now Europe was slow and complicated. It was hardly a one-shot, all-or-nothing takeover; few people are eager to give up their way of life. Instead, missionaries in many areas had more luck blending their messages with existing local traditions and beliefs. Holly and decorated trees were used symbolically by new Christians, just as they’d been used in their pagan days.

Today, some people associate the holly bush not with the story of Jesus’s birth but with his death, comparing the plant’s prickly leaves to a crown of thorns and the berries to drops of blood. 

But most people just enjoy it because it’s cheerful, picturesque, and riotously alive at a time when the rest of the world seems to be still and asleep.

NOTE: Holly is as poisonous as it is pretty. Please keep it away from your kids and pets.

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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What Are the 12 Days of Christmas?
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Everyone knows to expect a partridge in a pear tree from your true love on the first day of Christmas ... But when is the first day of Christmas?

You'd think that the 12 days of Christmas would lead up to the big day—that's how countdowns work, as any year-end list would illustrate—but in Western Christianity, "Christmas" actually begins on December 25th and ends on January 5th. According to liturgy, the 12 days signify the time in between the birth of Christ and the night before Epiphany, which is the day the Magi visited bearing gifts. This is also called "Twelfth Night." (Epiphany is marked in most Western Christian traditions as happening on January 6th, and in some countries, the 12 days begin on December 26th.)

As for the ubiquitous song, it is said to be French in origin and was first printed in England in 1780. Rumors spread that it was a coded guide for Catholics who had to study their faith in secret in 16th-century England when Catholicism was against the law. According to the Christian Resource Institute, the legend is that "The 'true love' mentioned in the song is not an earthly suitor, but refers to God Himself. The 'me' who receives the presents refers to every baptized person who is part of the Christian Faith. Each of the 'days' represents some aspect of the Christian Faith that was important for children to learn."

In debunking that story, Snopes excerpted a 1998 email that lists what each object in the song supposedly symbolizes:

2 Turtle Doves = the Old and New Testaments
3 French Hens = Faith, Hope and Charity, the Theological Virtues
4 Calling Birds = the Four Gospels and/or the Four Evangelists
5 Golden Rings = the first Five Books of the Old Testament, the "Pentateuch", which gives the history of man's fall from grace.
6 Geese A-laying = the six days of creation
7 Swans A-swimming = the seven gifts of the Holy Spirit, the seven sacraments
8 Maids A-milking = the eight beatitudes
9 Ladies Dancing = the nine Fruits of the Holy Spirit
10 Lords A-leaping = the ten commandments
11 Pipers Piping = the eleven faithful apostles
12 Drummers Drumming = the twelve points of doctrine in the Apostle's Creed

There is pretty much no historical evidence pointing to the song's secret history, although the arguments for the legend are compelling. In all likelihood, the song's "code" was invented retroactively.

Hidden meaning or not, one thing is definitely certain: You have "The Twelve Days of Christmas" stuck in your head right now.

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