Is a judge required to perform the "nature and function" of the act, not the act itself?
MultiRegion, United States of America
The following excerpt is from Grant v. Bostwick, CASE NO. 15-cv-874 WQH (BLM) (S.D. Cal. 2015):
Id. (quoting Meek v. County of Riverside, 183 F.3d 962, 967 (9th Cir. 1999)). The inquiry focuses on whether the "nature and function of the act" is normally performed by a judge, "not the act itself." Mireles, 502 U.S. at 13. "[I]f only the particular act in
Page 6
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a judge and a judge-like function immune from liability 8 for acts performed in their judicial capacity? (MultiRegion, United States of America)
Can a broadcaster argue that pre-recording a performance of a performance necessarily include making an ephemeral recording of the performance? (Canada (Federal), Canada)
Can a judge appeal an adverse decision from the District Court of Appeal assigned to the same district judge as he had previously ruled against the same judge? (MultiRegion, United States of America)
Can a police officer who is performing a community caretaking function perform a warrantless search of a private residence? (MultiRegion, United States of America)
Is a judge required to recuse themselves unless required to do so? (MultiRegion, United States of America)
If a police officer is performing investigatory or administrative functions, or is he or she essentially functioning as an officer or detective? (MultiRegion, United States of America)
In determining whether a federal court has considered the appropriate factors for sentencing under section 3553(a) of the Criminal Code, does a judge need to perform a "robotic incantations" by the sentencing judge? (MultiRegion, United States of America)
Does the statute requiring a lender to perform first before a trial judge rescues a property? (MultiRegion, United States of America)
Is a judge or prosecutor immune from a claim for damages from a former federal judge and a current federal prosecutor? (MultiRegion, United States of America)
Is a federal judge required to consider the issue of concurrent jurisdiction? (MultiRegion, United States of America)
