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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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Big Questions
How Do Aerial Skiers Perfect Their Jumps?
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Cameron Spencer, Getty Images

If you've ever watched an aerial skier in action, you know that some of the maneuvers these athletes pull off are downright jaw-dropping—and you've probably seen more than a few of these skiers land on their rear ends at some point. The jumps are incredible, but they're also so technical that one seemingly insignificant motion can drop a skier on his or her tail.

Given that the skiers can fly up to 60 feet in the air and come down on a 37-degree grade, it seems like just going out and trying a new trick would be a good way to break your neck. That's why you'll need one unexpected piece of equipment if you want to start training for aerials: a towel.

Instead of perfecting their flips and twists over the snow, aerial skiers try out their new maneuvers on ramps that launch them over huge swimming pools. The U.S. national team has facilities in Park City, Utah and Lake Placid, New York that include specially designed pools to help competitors perfect their next big moves. The pools have highly aerated patches of bubbles in their centers that decrease the surface tension to make the water a bit softer for the skiers' landings.

If you're an aspiring aerial skier, expect to get fairly wet. New skiers have to make a minimum of 200 successful jumps into water before they even get their first crack at the snow, and these jumps have to get a thumbs up from coaches in order for the skier to move on.

This sort of meticulous preparation doesn't end once you hit the big-time, either. American Ashley Caldwell, one of the most decorated athletes in the sport, is competing in her third Olympics in Pyeongchang, but failed to advance past the qualifiers on February 15, as she wasn't able to land either one of the two triple-flipping jumps she attempted. Still, it's this very sort of risk-taking that has brought her to the top of her game, and caused friction with more than one of her past coaches.

"Why win with less when you can win with more?" Caldwell said of her competition mentality. “I don’t want to go out there and show the world my easiest trick. I want to show the world my best trick, me putting everything on the line to be the best.”

You can check out some of Team USA's moves in the video below:

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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Is There Really Such Thing As 'Muscle Memory'?
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Is there really such a thing as 'muscle memory'? For example, in the sense of your fingers remembering where the keys of the keyboard are?

C Stuart Hardwick:

Yes and no. There is no literal memory in the muscles, but the thing people call “muscle memory” exists, though the name is a misnomer.

A better name might be “subconscious memory,” as the information is stored in the brain, but is most readily accessible—or only accessible—by non-conscious means.

What “non-conscious” refers to here is the brain’s enormous capacity to train up what might almost be called “subroutines,” that exist outside our conscious experience. I like the term for this that at least one researcher in the field uses: “zombie agency.”

Zombie agents are non-conscious, or sub-conscious (in the literal, not the Freudian sense) that can do essentially everything you can do except make value judgments. So, for example, you don’t consciously know how to control your muscles in order to walk —in all likelihood, you wouldn’t know where to begin—but your zombie agents do, and they’ll take you wherever you want to go, dodging curbs and puppies, and “waking you” when appropriate to decide which babies to stop and kiss.

Zombie agents can be rather startling things. When you suddenly become aware that you’ve driven halfway across town in the direction of the office instead of going to the shoe store Saturday morning, you have zombie agents to thank. You “wake” as if from slumber, and with the frightening realization that you’ve been flying down the highway at prodigious speed while your mind was on other things. You feel as if you’ve been asleep, and in a way you have—but a very funny kind of sleep in which it is only the uppermost layer of abstract reason that is disassociated from the rest of conscious experience. Your zombie agents have been driving to work, responding to traffic, adjusting the radio, noting the check engine light, all the things you think of as “you, driving the car,” except the big one: deciding where to go. That part was on automatic pilot (which is another good way to think of this).

This is at the advanced end of the spectrum. Typing your friend’s phone number using “muscle memory” is at the other, but it’s the same phenomenon.

We didn’t evolve to remember phone numbers, so we aren’t very good at it. In fact, we are so bad at it, we invent all sorts of mnemonic devices (memory aids) to help us [in] relating numbers to words or spacial memory, either of which are closer to the hunting and gathering we are evolved for. The illusion of “muscle memory” arises because we are supremely well adapted to manual manipulation and tool-making. We don’t need to invent a memory aid to help us remember what we do with our hands, we only have to practice.

So the conscious mind says “dial Tabby’s number,” and our fingers—or more correctly, the zombie agent which learned that task—do it. Similarly, after sufficient training, we can do the same thing with tasks like “play a major fifth,” "drive to work,” or “pull an Airbus A380 up for a go-around.”

It feels like muscle memory because the conscious mind—the part you experience as being you—is acting like a coach driver, steering the efforts of a team of zombie agents, all harnesses to collective action. But it isn’t muscle memory, it's just memory—though it may be stored (or at least some of it) in the deeper, motor cortex parts of the brain.

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

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