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Judges and Justices

Since courts and litigation are the ultimate method of resolving legal disputes . the judge owes very high duties not only to the litigants but also to the state and its people.1 A judge should be temperate,attentive, impartial, hard-working9 and prompt in ascertaining the facts and applying the law.  He should be courteous, civil, and considerate of jurors, witnesses, and others in attendance upon the court, but should criticize and correct unprofessional conduct of attorneys. A judge should not act in a controversy in which he or a near relative has an interest. He should not be swayed by public clamor or consideration of personal popularity» or be apprehensive of unjust criticism. The trial judge conducts the trial. He decides questions of procedure and instructs the jury on the applicable law. If a case is tried without a jury,the judge also finds the facts. The trial judge renders his decisions at the people’s level. It is in the trial courts that the law is made alive and its words are given meaning. Since he represents the only contact that most people have with the law, the effective function of the law must depend largely upon the character and training of the trial judge. Judges who decide cases on appeal are called justices. Unlike the trial judges, they rarely have any contact with litigants. The duties of a justice bring him into the area of legal scholarship.6 He is required to be articulate in presenting his ideas in writing and to use the written word as the primary source of his decision. Whereas the trial judge gains knowledge for his decision from direct contact with the litigants, the justice spends hours studying briefs, the record of proceedings > and the law, before preparing and handing down his decisions. Justices must do much more than simply decide a case—•they are required to give the reasons for their decision in written form. Each decision will become precedent to some degree and will become a part of the body of law.7 In this sense, the justice is a law-maker and, in deciding the case before him, must consider not only the result between the parties involved but the total effect of his decision on society.

Answer the following questions :
1. Why are judges important in society?
2. What qualities must trial judges have? What do you think is the most important among these qualities?
3. What attitude must trial judges have in his relationship with other people attending the court?
4. What does a trial judge do in a case tried by a jury?
What does he do in a case tried without a jury?
5. What are the things a judge should avoid doing?
6. Comment on the importance of the work of a trial judge.
7. What are justices? In what ways are they different from the trial judges? Why must they be good writers?
8. Why do we say that a justice is also a law-maker?
9. Should a justice contact the litigants and their witnesses before making his decision for a case on appeal? What does he do then?
10. What must a justice consider before he hands down his decision?

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