PGLAW 2015 Panjab University Entrance Exam With Answers

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3.

Who Said That “Litigation Is A Game In Which The Court Is Umpire”?

A: Austin
B: Salmond
C: Pollock
D: Blackstone

The answer is: C

Explanation

The quote "Litigation is a game in which the court is umpire" is often attributed to Sir Frederick Pollock, a British jurist and legal scholar who lived from 1845 to 1937.

What Pollock meant by this quote is that litigation (the process of bringing a legal action or lawsuit) is a contest or game, in which each party is trying to win by presenting the strongest arguments and evidence in support of their position. The court, in this analogy, is the neutral umpire who presides over the game and decides who wins based on the rules of the game (i.e., the applicable laws and legal principles).

In other words, just as an umpire in a sporting event enforces the rules and makes impartial decisions about the game, the court in a legal dispute is expected to apply the law fairly and impartially, without favoring either side. The court's role is to listen to the arguments and evidence presented by each side, weigh them against the relevant legal standards, and render a decision that is based on the law and the facts of the case.

Pollock's quote is often cited to highlight the importance of having a fair and impartial judiciary in any legal system, as well as the role of the courts in resolving disputes and upholding the rule of law.