The questions that I have. {Judge Salvarez}: Not a

                                        The
Honorable Ramona Salvarez

 

·     
She
is a Federal Circuit Judge

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·     
She
was appointed by a Democratic President to her post

·     
She
has been a judge for nineteen years working on different cases

·     
She
is divorced with two children

 

Recent case-ruled that a music website charging
automatic membership fees after a free trial violated consumer rights in
multiple states. A group of citizens from one state brought a class action suit
to the court against the music website business, in which they are based in
another state. The business maintains that the policy was agreed to at the time
of signing up for the free trial, but the petitioners clam it was unclear and
tiny.

 

(Me): I have the pleasure to interview
Judge Ramona Salvarez. Thank you for taking the time to answer some questions
that I have.

{Judge Salvarez}: Not a problem, I love
helping students to understand the Judicial process.

 

(Me): Ok, my first question is: How is
your role in our government different from an elected official?

{Judge Salvarez}: Well for me, I was appointed
to my position by the President of the U.S. and approve by the Senate after a
lengthy review. With that being said, for me when Judges are appointed we based
our decisions on the laws and the Constitution and not the will of the people.

For elected officials it can be hard to be unbiased because they were elected
by the people, so they will listen to opinions and arguments and want them to
rule in their favor. So it can be a little hard for elected officials to make
an unbiased decision.

(Me): My second question is how are the
appointed judges and elected officials the same.

{Judge Salvarez}: Well I look at it this
way. Federal and elected officials have the same goals, it is to follow the
laws that have been placed and to serve the people of our great nation. For me
judges do their best to be fair and to uphold the Constitution.

(Me): Here is my third question is do you
think that Judges should be elected? Please explain why or why not?

{Judge Salvarez}: My opinion is that judges,
especially federal should be appointed, not elected. If we were to elected
every judge, then we would end up following the people and their opinion or government
officials and they could influence or hinder how we rule in a case. So for me,
when a judge is appointed by the President of the U.S. and approve by the
Senate. Then we only follow the laws and the Constitution, so when we make a
decision, it is unbiased and fair. In the end the judges would be able to
uphold the laws in the courts.

(Me): Question four is, for you what is
Judicial Review?

{Judge Salvarez}: Wow, what a great
question. Well for me the Judicial Review is the power to analyze and cancel
laws or acts of government if it has been decided unconstitutional. It helps
give us Federal judges the power to review laws made by Congress and by the
executive branch and to make sure the guidelines of the Constitution is
followed.

(Me): Question five is if you could
please explain the role of Judicial Review in a case you recently decided?

{Judge Salvarez}: My recent case that I
ruled on was that of a music website and that they were automically charging
for membership fees after the free trial was done. Individuals who were on this
site felt that their rights were violated in different states. So the group of
individuals from one state brought a class-action suit to the federal court
against the music website business, in which they were based in another state.

The music website business stated that the policy was agreed upon at the time
of signing up for the free trial, but the petitioners claim that the print of
the policy was unclear and tiny. The Judicial Review in this particular case
was that this company unlawfully was taking individuals money from their music
website because the music website did not make it very clear in the begin of
their policy that they would charge individuals a membership fee.

(Me): My last question is could you
please explain how you arrived at your decision, including any different
factors that affected your decision?

{Judge Salvarez}: The decision came to in
this case, came after I analyze the information from the petitioners and from
the music website business. I carefully looked at our laws and decided that the
music website business violated the petitioners’ rights. It is called the Consumer
Protection law and the music website business violated that law. The company
was misleading in their policy and it was not very clear about the membership.

My decision was for the petitioners and I ruled that the music website business
would reimburse the individuals who used the site and suspended the company for
180 days so they could revise their policy so individuals who visit the music
website would have a clear understanding of what they are signing up for.

(Me): Thank you again Honorable Salvarez
for taking the time to answer my questions about Judicial Review.

{Judge Salvarez}: Thank you for coming in
and asking really good question about the Judicial system. Have a wonderful
day.

x

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