4 ms·
A judge providing an opinion is not adjudication. And "presenting in court" is not the same as "the judge read the complaint and here's what they think about it
by disgrunt 6y ago
A judge providing an opinion is not adjudication. And "presenting in court" is not the same as "the judge read the complaint and here's what they think about it before dismissing it for non-meritorious reasons".
- aw1621107 6y agoWhat is "adjudication" and "presenting in court", then?
- dragonwriter 6y ago> A judge providing an opinion is not adjudication. If it is a tangential opinion (not supporting one of the decisive grounds for an action), sure. If it is a opinion that is part of the basis for a grounds of dismissal that inherently asks whether, even before considering how the other side might challenge it, the evidence could ever support the plaintiff winning, it absolutely is adjudication. The difference is important because the last can be (and has been in some of the cases at issue) part of the analysis when dismissing for failure to state a claim.