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<blockquote data-quote="Wincenworks" data-source="post: 9304961" data-attributes="member: 7038835"><p>Courts do not charge legal fees for the research that the judge and their staff do, that's just part of the general costs and also part of where the tax money involved goes. Whether a judge spends an hour, or a hundred hours, working on a judgment the fee is the same - to do otherwise is considered to be an accessibility to justice issue.</p><p></p><p>Sometimes decisions also take longer because the judges have other things going on, in my Ethics class we had a barrister who told us the story of how he had to wait eight months on a judgment that was not particularly complicated, but presumably coincided with some very complicated cases arriving on the judge's docket.</p><p></p><p>To clarify: Judges in the Common Law systems do their research to confirm that everything they're about to say is in line with everything that judges of equal or greater standing have said before... or can be justified as being substantially different to the situations those judges dealt with... sometimes including that times simply have changed. </p><p></p><p>Judgments can range anywhere from two to hundreds of pages... depending on the history of facts, the history of the evidence and the history of the law involved. Judges can end up citing anything from just a single statute, to dozens of cases, statutes and textbooks.... sometimes to essentially explain a yes/no answer.</p><p></p><p>I myself recently had to read a more than 100 page judgment from an office (rather than a court) which answered the question.... can you trade mark the term "Manuka Honey" in New Zealand? To get that far cost both sides a fortune, not because someone had to write the 100+ pages but because they factored in expert opinions, reports, write ups, citations of case histories, etc, etc.</p><p></p><p>Basically the court can spend a lot of money, but while the action is pending dismissal and sitting in the period between discovery and trial - there is no reason for the counsel on either side to prepare anything for the court (though they can still negotiate with each other... but like... lawyers can do that at any time before, during and after the proceedings).</p><p></p><p>As a side note, just in time to avoid having to worry about anything in the module (assuming comes out <img class="smilie smilie--emoji" loading="lazy" alt="🤣" title="Rolling on the floor laughing :rofl:" src="https://cdn.jsdelivr.net/joypixels/assets/8.0/png/unicode/64/1f923.png" data-shortname=":rofl:" />) - I present <a href="https://blog.wincenworks.com/2024/03/30/giantlands-2021/" target="_blank">a needlessly well researched and cited review of GiantLands (2021).</a></p></blockquote><p></p>
[QUOTE="Wincenworks, post: 9304961, member: 7038835"] Courts do not charge legal fees for the research that the judge and their staff do, that's just part of the general costs and also part of where the tax money involved goes. Whether a judge spends an hour, or a hundred hours, working on a judgment the fee is the same - to do otherwise is considered to be an accessibility to justice issue. Sometimes decisions also take longer because the judges have other things going on, in my Ethics class we had a barrister who told us the story of how he had to wait eight months on a judgment that was not particularly complicated, but presumably coincided with some very complicated cases arriving on the judge's docket. To clarify: Judges in the Common Law systems do their research to confirm that everything they're about to say is in line with everything that judges of equal or greater standing have said before... or can be justified as being substantially different to the situations those judges dealt with... sometimes including that times simply have changed. Judgments can range anywhere from two to hundreds of pages... depending on the history of facts, the history of the evidence and the history of the law involved. Judges can end up citing anything from just a single statute, to dozens of cases, statutes and textbooks.... sometimes to essentially explain a yes/no answer. I myself recently had to read a more than 100 page judgment from an office (rather than a court) which answered the question.... can you trade mark the term "Manuka Honey" in New Zealand? To get that far cost both sides a fortune, not because someone had to write the 100+ pages but because they factored in expert opinions, reports, write ups, citations of case histories, etc, etc. Basically the court can spend a lot of money, but while the action is pending dismissal and sitting in the period between discovery and trial - there is no reason for the counsel on either side to prepare anything for the court (though they can still negotiate with each other... but like... lawyers can do that at any time before, during and after the proceedings). As a side note, just in time to avoid having to worry about anything in the module (assuming comes out 🤣) - I present [URL='https://blog.wincenworks.com/2024/03/30/giantlands-2021/']a needlessly well researched and cited review of GiantLands (2021).[/URL] [/QUOTE]
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