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 Barns Often Painted Red?

iStock/Ron and Patty Thomas
iStock/Ron and Patty Thomas

Beginning with the earliest American settlements and continuing into the 18th century, most barns weren't painted at all. Early American barn builders took sun exposure, temperature, moisture, wind, and water drainage patterns into account when placing and building barns, and they seasoned the wood (that is, they reduced the moisture content) accordingly. The right type of wood in the right environment held up fine without any paint.

Toward the end of the 1700s, these old-school methods of barn planning and building fell by the wayside. People sought a quicker, easier fix for preserving their barns—a way to coat and seal the wood to protect it from sunlight and moisture damage. Farmers began making their own coating from a mix of linseed oil (a tawny oil derived from the flax seeds), milk, and lime. It dried quickly and lasted a long time, but it didn't really protect the wood from mold and wasn't quite like the "barn red"we know today—it was more of a burnt orange, really.

Turning Red

The problem with mold is that it decays wood and, in large quantities, can pose health risks to people and animals. Rust, it turns out, kills mold and other types of fungi, so farmers began adding ferrous oxide (rusted iron) to the linseed oil mix. A little bit of rust went a long way in protecting the wood, and it gave the barn a nice red hue.

By the late 19th century, mass-produced paints made with chemical pigments became available to most people. Red was the least expensive color, so it remained the most popular for use on barns, except for a brief period when whitewash became cheaper and white barns started popping up. (White barns were also common on dairy farms in some parts of Pennsylvania, central Maryland, and the Shenandoah Valley, possibly because of the color's association with cleanliness and purity.)

Throughout Appalachia (a historically poorer region), many barns went unpainted for lack of money. In the tobacco regions of Kentucky and North Carolina, black and brown barns were the norm, since the dark colors helped heat the barn and cure tobacco.

Today, many barns are still painted the color traditionally used in a given region, with red still dominating the Northeast and Midwest.

Have you got a Big Question you'd like us to answer? If so, send it to bigquestions@mentalfloss.com.

This story was updated in 2019.

Is There An International Standard Governing Scientific Naming Conventions?

iStock/Grafissimo
iStock/Grafissimo

Jelle Zijlstra:

There are lots of different systems of scientific names with different conventions or rules governing them: chemicals, genes, stars, archeological cultures, and so on. But the one I'm familiar with is the naming system for animals.

The modern naming system for animals derives from the works of the 18th-century Swedish naturalist Carl von Linné (Latinized to Carolus Linnaeus). Linnaeus introduced the system of binominal nomenclature, where animals have names composed of two parts, like Homo sapiens. Linnaeus wrote in Latin and most his names were of Latin origin, although a few were derived from Greek, like Rhinoceros for rhinos, or from other languages, like Sus babyrussa for the babirusa (from Malay).

Other people also started using Linnaeus's system, and a system of rules was developed and eventually codified into what is now called the International Code of Zoological Nomenclature (ICZN). In this case, therefore, there is indeed an international standard governing naming conventions. However, it does not put very strict requirements on the derivation of names: they are merely required to be in the Latin alphabet.

In practice a lot of well-known scientific names are derived from Greek. This is especially true for genus names: Tyrannosaurus, Macropus (kangaroos), Drosophila (fruit flies), Caenorhabditis (nematode worms), Peromyscus (deermice), and so on. Species names are more likely to be derived from Latin (e.g., T. rex, C. elegans, P. maniculatus, but Drosophila melanogaster is Greek again).

One interesting pattern I've noticed in mammals is that even when Linnaeus named the first genus in a group by a Latin name, usually most later names for related genera use Greek roots instead. For example, Linnaeus gave the name Mus to mice, and that is still the genus name for the house mouse, but most related genera use compounds of the Greek-derived root -mys (from μῦς), which also means "mouse." Similarly, bats for Linnaeus were Vespertilio, but there are many more compounds of the Greek root -nycteris (νυκτερίς); pigs are Sus, but compounds usually use Greek -choerus (χοῖρος) or -hys/-hyus (ὗς); weasels are Mustela but compounds usually use -gale or -galea (γαλέη); horses are Equus but compounds use -hippus (ἵππος).

This post originally appeared on Quora. Click here to view.

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