He stays at the middle of the two parties and he makes sure that both follow the rules of court.
The judge, like the referee, possesses independent judgment. In the same way as the referee studied the rules of basketball, the judge also studied the laws of the country in order for him to adjudicate wisely and independently. The judge hears the case, studies the evidences presented by the parties and then he independently judges who between the parties are telling the truth. The referee, on the other hand, looks while the players toss and shoot the ball without cheating by both teams. He ensures that the players obey the rules which are set forth. The referee makes sure that the winner deserves the trophy and the judge also makes sure that justice is upheld.
The judge knows when and how should the parties present their evidences. He gives both parties the chance to examine the witnesses and to provide rebuttals for certain testimonies without him doing any act of discrimination or pressure. This is also done by a referee. He knows when a team should be allowed a "free throw" and he checks whether the rebounds are done without hurting someone or else the corresponding consequence would be applied. The referee acts fairly without discriminating the other team by giving them more free throws even if they are not entitled to it. He gives both teams the chance to play and shoot the ball as long as they know their limitations.
He should not be influenced by the "cries" of any party. He must decide based on the law and not just because he feels sorry for the aggrieved party. He should know that he is named as a judge because he is given the difficult role of determining who committed the particular crime. He must see to it that false accusations should also not prevail. He must weigh everything completely so that justice is carried out.
Comparable to a judge, the referee is also impartial. He is impartial because he sees to it that both teams are playing within the rules of the game. He cannot be kind to one team and be very strict to the other. He cannot allow one team to be committing the prohibited acts in basketball while the other team is the one that is only prohibited. He must also obey the rules because he is the one who ensures that the players obey the rules. He must be neutral so that the game would be fairly played.
Foley (2006) also provides that aside from the laws of the country, the judge should also decide based on the relevant facts testified by the parties. This means that the facts mentioned during the trial should be a basis of the judge's decision. He cannot conclude on something which was not mentioned during the trial. He should study the facts that were presented by the defendants, prosecution and their witnesses. He cannot make up stories or theories based on the facts. He should only take into consideration the events mentioned during the trial. There should be no speculations but only events and circumstances provided by both parties.
If the judge is obliged to look into the facts in deciding the case, the referee is also obliged to look into the facts or events that happened during the game. He cannot just conclude