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.

What's the Difference Between a College and a University?

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Chinnapong/iStock via Getty Images

Going off to college is a milestone in any young adult’s life. The phrase itself conjures up images of newfound independence, exposure to new perspectives, knowledge, and possibly even one or more sips of alcohol.

In America, however, few people use the phrase “going off to university,” or “headed to university,” even if they are indeed about to set off for, say, Harvard University. Why did college become the predominant term for postsecondary education? And is there any difference between the two institutions?

While university appears to be the older of the two terms, dating as far back as the 13th century, schools and students in North America have embraced college to describe most places of higher learning. There is no rigid definition of the words, but there are some general attributes for each. A college is typically a four-year school that offers undergraduate degrees like an associate or a bachelor’s. (Community colleges are often two-year schools.) They don’t typically offer master’s or doctorates, and the size of their student body is typically the smaller of the two.

Universities, on the other hand, tend to offer both undergraduate and graduate programs leading to advanced degrees for a larger group of students. They can also be comprised of several schools—referred to as colleges—under their umbrella. A university could offer both a school of arts and sciences and a school of business. The University of Michigan has a College of Engineering, for example.

While many of these traits are common, they’re not guaranteed. Some colleges can be bigger than universities, some might offer master’s degrees, and so on. To complicate matters further, an institution that fits the criteria of a university might choose to call itself a college. Both Dartmouth College and Boston College qualify as universities but use the college label owing to tradition. Schools may begin as colleges, grow into universities, but retain the original name.

People tend to think of a university as being more prestigious or harder to get into, but there are too many variables to make that determination at a glance. Some colleges might ask more of applicants than universities. Some universities might be smaller than certain colleges. Either one can be public or private.

Things get a little more convoluted abroad. In the UK, students go off to university (or uni) instead of college. The British version of college is typically a two-year program where students either focus on learning one particular skill set (much like a vocational school) or use the time to prepare for exams so that they can advance to university. Language matters, too; in Spanish, colegio usually refers to high school.

While the terms aren’t strictly interchangeable, there is enough of a difference between the two to try and make the distinction. Keep in mind that some states, like New Jersey, have rules about how institutions label themselves. There, a university has to have at least three fields of graduate study leading to advanced degrees.

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Why Do We Eat Candy on Halloween?

Jupiterimages/iStock via Getty Images
Jupiterimages/iStock via Getty Images

On October 31, hordes of children armed with Jack-o'-lantern-shaped buckets and pillow cases will take to the streets in search of sugar. Trick-or-treating for candy is synonymous with Halloween, but the tradition had to go through a centuries-long evolution to arrive at the place it is today. So how did the holiday become an opportunity for kids to get free sweets? You can blame pagans, Catholics, and candy companies.

Historians agree that a Celtic autumn festival called Samhain was the precursor to modern Halloween. Samhain was a time to celebrate the last harvest of the year and the approach of the winter season. It was also a festival for honoring the dead. One way Celtics may have appeased the spirits they believed still walked the Earth was by leaving treats on their doorsteps.

When Catholics infiltrated Ireland in the 1st century CE, they rebranded many pagan holidays to fit their religion. November 1 became the “feasts of All Saints and All Souls," and the day before it was dubbed "All-Hallows'-Eve." The new holidays looked a lot different from the original Celtic festival, but many traditions stuck around, including the practice of honoring the dead with food. The food of choice for Christians became "soul cakes," small pastries usually baked with expensive ingredients and spices like currants and saffron.

Instead of leaving them outside for passing ghosts, soul cakes were distributed to beggars who went door-to-door promising to pray for souls of the deceased in exchange for something to eat. Sometimes they wore costumes to honor the saints—something pagans originally did to avoid being harassed by evil spirits. The ritual, known as souling, is believed to have planted the seeds for modern-day trick-or-treating.

Souling didn't survive the holiday's migration from Europe to the United States. In America, the first Halloween celebrations were a way to mark the end-of-year harvest season, and the food that was served mainly consisted of homemade seasonal treats like caramel apples and mixed nuts. There were no soul cakes—or candies, for that matter—to be found.

It wasn't until the 1950s that trick-or-treating gained popularity in the U.S. Following the Great Depression and World War II, the suburbs were booming, and people were looking for excuses to have fun and get to know their neighbors. The old practice of souling was resurrected and made into an excuse for kids to dress up in costumes and roam their neighborhoods. Common trick-or-treat offerings included nuts, coins, and homemade baked goods ("treats" that most kids would turn their noses up at today).

That changed when the candy companies got their hands on the holiday. They had already convinced consumers that they needed candy on Christmas and Easter, and they were looking for an equally lucrative opportunity to market candy in the fall. The new practice of trick-or-treating was almost too good to be true. Manufacturers downsized candies into smaller, bite-sized packages and began marketing them as treats for Halloween. Adults were grateful to have a convenient alternative to baking, kids loved the sweet treats, and the candy companies made billions.

Today, it's hard to imagine Halloween without Skittles, chocolate bars, and the perennial candy corn debates. But when you're digging through a bag or bowl of Halloween candy this October, remember that you could have been having eating soul cakes instead.

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