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 M¢25  Funded By Mahalo ? |  July 06, 2009 01:46 PM

Do you feel that judges have as an end the ascertainment of the truth or do they side with the strongest combatant?

What is the role of the judge?
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July 06, 2009 02:35 PM
Neither the Truth nor the strongest "combatant" are what a good Judge seeks.

A good judge seeks to find the facts that are needed to determine the legality of an action or position, and then to rule in line with the law.

The adversarial proceeding in court are designed to bring those facts out as clearly as possible. However to obscure, confuse, or cast doubt upon the facts is also neccessary sometimes to have the outcome your "side" desires.

It is always a contest between pure law and personal desires. The judge is there is be as impartial as possible and to see to it that the Law is applied.
Asker's Rating:
• Let the Defendant and plaintiff beware.


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Helpful: krysstel

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July 06, 2009 03:17 PM
Does the design work?

Will the facts reveal the truth and do the judges play an important role in discovering the truth?

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July 06, 2009 03:24 PM
As I said, it is not the role of a Judge to get the truth. It is the role of the Judge to apply law to revealed facts. That is how it works.

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July 06, 2009 07:41 PM
The rules may reveal some of the facts. Since, justice is not the ultimate goal of the law then how can the rule be fair? A mixture of facts will create a percentage share of retribution or blame. That percentage may not be fair nor just, but may conform to the rules established by the judge and court.

The ideal judge would have justice as his ideal, he would administer justice fairly and equitably. The rules of evidence seem substandard when put in the light of "getting at the truth". What is truth? Truth is what is provable by the facts or derivable from the accept set of facts. This set of truth does not imply justice has been served.

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