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Concept
Judge
Summary
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling in the case based on their interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and, typically, in an open court.
The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate. The presiding judge ensures that all court proceedings are lawful and orderly.
The ultimate task of a judge is to settle a legal dispute in a final and publicly lawful manner in agreement with substantial partialities. Judges exercise significant governmental power. They can order police, military or judicial officials to execute searches, arrests, imprisonments, garnishments, detrainment, seizures, deportations and similar actions. However, judges also supervise that trial procedures are followed, in order to ensure consistency and impartiality and avoid arbitrariness. The powers of a judge are checked by higher courts such as appeals courts and supreme courts.
The court usually has three main legally trained court officials: the judge, the prosecutor and the defence attorney. The role of a judge varies between legal systems. In an adversarial system (common law), as in effect in the U.S. and England, the judge functions as an impartial referee, mainly ensuring correct procedure, while the prosecution and the defense present their case to a jury, often selected from common citizens. The main factfinder is the jury, and the judge will then finalize sentencing. Nevertheless, in smaller cases judges can issue summary judgments without proceeding to a jury trial.
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