Judges and Judiciary
Apr. 25, 2006
Caught Between a Cat and a Legal Conundrum
Ask lawyers and their clients this question: Judges know the law - true or false? Their answer depends upon whether they won or lost their last case. I'm not even sure what it means to "know the law to the facts of a particular case and hope to discern when they are miseducated.
2nd Appellate District, Division 6
Arthur Gilbert
Presiding Justice, 2nd District Court of Appeal, Division 6
UC Berkeley School of Law, 1963
Arthur's previous columns are available on gilbertsubmits.blogspot.com.
UNDER SUBMISSION
Ask lawyers and their clients this question: Judges know the law - true or false? Their answer depends upon whether they won or lost their last case. I'm not even sure what it means to "know the law." In fact, judges often rely on lawyers to educate them about the application of law to the facts of a particular case and hope to discern when they are miseducated.
But many people assume that judges "know the law." If j...
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