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In a self-represented world, judges must be the gatekeepers | Gary Joseph

Wednesday, February 01, 2017 @ 2:06 PM | By Gary Joseph

Our adversarial system operates on the premise of passive adjudication. By this I mean the role of our judges is predominately reflexive as they hear evidence, weigh it and determine disputes based upon what has been presented to them. Unlike some jurisdictions where judges play an investigative role, our judges must not search out evidence outside of what is presented in court to them by the parties to the dispute. Our Supreme Court has endorsed the words of England’s famous jurist Lord Denning who stated in...