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Case law, not truth. Judges do not decide fact.



> Judges do not decide fact.

Trial court judges in jury trials do not (in principal) decide fact questions (though even that is misleading, since they can decide “as a matter of law” that offered evidence is insufficient for a particular fact conclusion even over the jury’s determination of fact, except in the case where that would be unfavorable to the defense in a criminal trial.)

Judges in bench trial, and appellate judges in many cases, do, in fact, decide matters of fact, though in the latter case the usual rules are generally, but not infinitely, deferential to trial court decisions.




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