5 ms·
I find it amazing that the law prohibits a judge from saying, "The statute of limitations period means that this cannot be valid," and throw the case out, but r
by gknoy 10y ago
I find it amazing that the law prohibits a judge from saying, "The statute of limitations period means that this cannot be valid," and throw the case out, but rather requires one of the lawyers to do so.
- Tomte 10y agoYes, it sounds strange. I've just looked up in a legal commentary, and it isn't as clear-cut as my acquaintance told it to me. Baumbach/Lauterbach/Hartmann say that the judge may broach the issue if the defense has expressed doubts about the time-line of actions, but that it must not reach the level of advice. Other commentaries say that the judge must not broach the issue. And there is even a cool minority opinion in NJW (Schneider), saying that the declining quality of jurists' training may lead to the judge having to protect the client from his own lawyer. ;-)
- ethbro 10y agoIt makes some sense as judge as arbiter and interpreter of law, no? If a judge were to say "You should argue this" then the expectation that he or she would be predisposed to finding that a valid claim would be pretty apparent. I can see examples where this would lead to slippery slopes in both the defendant's and plaintiff's favors.