rules-of-court court judge misconduct judicial-immunity
Can it be judicial misconduct to not rebut arguments of losing party?
<p>Bob sues Rob in a civil court (<a href="https://en.wikipedia.org/wiki/Adversarial_system" rel="nofollow noreferrer">adversarial system</a>).</p>

<p>Bob contends:</p>

<blockquote>
  <p>I am right and Rob is wrong because of <strong><em>A</em></strong>.</p>
</blockquote>

<p>Rob defends:</p>

<blockquote>
  <p>No, <strong><em>A</em></strong> does not apply because of <strong><em>X</em></strong>.</p>
</blockquote>

<p>Bob replies:</p>

<blockquote>
  <p>No way. <strong><em>X</em></strong> does not stand because of <strong><em>B</em></strong>. Therefore, <strong><em>A</em></strong> still applies.</p>
</blockquote>

<p>The judge says:</p>

<blockquote>
  <p>I accept Rob's contention that <strong><em>A</em></strong> does not apply because of <strong><em>X</em></strong>. Bob has no case.</p>
</blockquote>

<p>That said, the judge does not rebut or even talk about Bob's <strong><em>B</em></strong> (which negates Rob's <strong><em>X</em></strong> in Bob's view). It is known that Bob's reply was admitted and the judge definitely has seen it — it is <em>not</em> the case that it was dismissed for procedural reasons like late filing or whatever.</p>

<p>Where rights of appeal are not available for whatever reason (procedure-specific statutory prohibition, or the court already being the top court), are there any other remedies for Bob e.g. a claim of <a href="https://en.wikipedia.org/wiki/Judicial_misconduct" rel="nofollow noreferrer">judicial misconduct</a>?</p>

<h2>A judge does not have to address every argument raised in their judgement</h2>

<p>Otherwise every judgement would be absurdly long.</p>

<p>All the judgement needs to demonstrate is that the judge turned their mind to the arguments. The judge accepted X - implicit in this is the rejection of B. The judge has considered A and X and stated their reasons why they like X over A - it’s an appeal proof judgement on that point.</p>
