decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books
Your contributions keep Groklaw going.
To donate to Groklaw 2.0:

Groklaw Gear

Click here to send an email to the editor of this weblog.


Contact PJ

Click here to email PJ. You won't find me on Facebook Donate Paypal


User Functions

Username:

Password:

Don't have an account yet? Sign up as a New User

No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
This is where I have a problem. | 155 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
This is where I have a problem.
Authored by: Anonymous on Wednesday, August 22 2012 @ 09:51 PM EDT
If the parties are going to appeal no matter what happens, then it's impossible
for the Judge to "solve" the issue before them.

The best that they can do (and not all judges are equally good at doing it) is
to run a fair trial and try to do so in a clear enough way that the appeals
process can quickly and clearly tell the company that's appealing that they have
no case.

In some cases where one side is overwelmingly in the right, it may be to bias
'close' calls towards the side that's in the wrong, because it doesn't make any
difference in the outcome and each close call that the loseing side makes is one
less issue that they can appeal over.

However, In the Apple vs Samsung case, I think that it was far from clear who
was really in the right. I actually think that the Judge has been shifting her
opinion as the facts are really being presented.

[ Reply to This | Parent | # ]

This is where I have a problem.
Authored by: calris74 on Wednesday, August 22 2012 @ 10:39 PM EDT
realistically, what is her job?

To be appealed, it seems :P

[ Reply to This | Parent | # ]

This is where I have a problem.
Authored by: PJ on Thursday, August 23 2012 @ 05:42 AM EDT
The judge's job is to rule on issues of law, first.
Next, her job is to make sure discovery runs
fairly. Then the job is to decide what the jury
gets to see, based on the law, so the jury can
rule on the facts presented to them. She rules on
motions in that context. If the jury does something
utterly unreasonable in the end, the judge can
step in and rule against the decision, but only
if no reasonable jury could find as the jury did,
and that too is based on legal standards that
must be met. But judges do have quite a lot of
what the law calls discretion to run their
courtrooms as they see fit, based on local
circumstances and rules.

[ Reply to This | Parent | # ]

Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )