Steinberg v. Arnold

This case, involving at the surface level the construction of a contract, involves at a deeper level a question of judicial function that transcends mere contract law. When a judge sits as a fact finder, he wears two hats. He is first and foremost the judge — the legal referee — responsible for making rulings of law, including such questions as the admissibility of evidence and whether the evidence is legally sufficient to go to the fact finder. Then, as fact finder, he has the usual jury prerogatives of whether to believe or disbelieve witnesses, how much weight to give testimony and…