| Tallyn |
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Every save in any group I have played with has always been tie goes to defender. So yes Magic has to overcome just like martial has to overcome.
Why would they get a +1?
The reasoning behind confirmation of a fumble is an experienced Warrior is not going to automatically drop his weapon.
Because that's the actual rules?
The active party (which in this case is referring to the person rolling the die), needs to meet a threshold set by the other party (defender's AC, caster's DC for a saving throw, etc).
This is the way the game works... it's a minor thing if you decided to houserule it to work the way you guys currently do. Just realize the base game mechanics were not designed the way you're using them, although the effect is most likely minimal (usually just a 5% change in circumstances). Just realize that using the rules the way you are, is making casters utilizing save spells approx. 5% more effective, and melee characters rolling to hit 5% less effective.
Knowing this, if I were in your game, I would definitely be playing casters ;)
Edit: Didn't realize Derklord had already answered this pretty succinctly heh
