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HomeHomework HelplawJudicial Decision-Making Models

Judicial Decision-Making Models

Judicial Decision-Making Models refer to the theoretical frameworks that describe how judges and legal authorities interpret laws and make rulings, often influenced by various factors such as legal precedents, personal beliefs, and societal values. These models help to analyze the cognitive processes and contextual elements that shape judicial outcomes in legal cases.

intermediate
3 hours
Law
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Overview

Judicial decision-making models are essential frameworks that help us understand how judges arrive at their decisions. These models, including Legal Realism, Formalism, Pragmatism, and Critical Legal Studies, provide insights into the various factors influencing judicial outcomes. By studying these ...

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Key Terms

Legal Realism
A model that emphasizes the influence of social and personal factors on judicial decisions.

Example: Judges may consider community standards when making rulings.

Formalism
A model that focuses on strict adherence to legal texts and precedents.

Example: A judge applying a statute exactly as written.

Pragmatism
A model that advocates for practical outcomes in judicial decisions.

Example: Judges making decisions based on the consequences of their rulings.

Critical Legal Studies
A movement that challenges traditional legal doctrines and emphasizes social justice.

Example: Critiquing laws that disproportionately affect marginalized groups.

Precedent
A legal decision that serves as an example for future cases.

Example: A landmark case that sets a standard for similar cases.

Judicial Activism
Judges making rulings based on personal views rather than existing law.

Example: A court ruling that expands civil rights beyond statutory limits.

Related Topics

Legal Philosophy
The study of fundamental questions about law, including its nature, purpose, and the relationship between law and morality.
intermediate
Constitutional Law
The body of law that deals with the interpretation and implementation of the Constitution.
advanced
Comparative Law
The study of differences and similarities between the laws of different countries.
advanced

Key Concepts

Legal RealismFormalismPragmatismCritical Legal Studies