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| 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 | # ]
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| 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 | # ]
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| 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 | # ]
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