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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.

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I wondered the same thing | 217 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
I wondered the same thing
Authored by: Gringo_ on Tuesday, November 27 2012 @ 09:28 PM EST
The judge is not being an expert witness by any stretch of the
imagination. Nowadays many, many people take programing classes in
highschool, and just about anyone who has would know that the range
check function was trivial. Only one tiny step up from "Hello world!".

[ Reply to This | Parent | # ]

I wondered the same thing
Authored by: Anonymous on Wednesday, November 28 2012 @ 05:57 AM EST
Why should the judge not be allowed to be an expert? It disqualifies him if he has a predetermined opinion, but not if he has preexisting knowledge. It is not like there is the danger that he monopolize a decision (like an expert juror could) since he is the only judge on the case anyway.

His job is not fact-finding, but speaking law. He must make sure that he does not do so covertly so that higher instances may follow his reasoning, but there is certainly nothing wrong with not letting the wool get pulled over his eyes during the trial. Makes it more efficient.

[ Reply to This | Parent | # ]

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