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Author: Godfrey Cole Publisher: ISBN: 9781509957972 Category : Comparative law Languages : en Pages : 0
Book Description
Are you involved in making decisions in court, a tribunal, or another formal decision-making environment? This book gives guidance in the skills required to reach and deliver well-structured judicial decisions. The authors (all of whom have extensive judicial and quasi-judicial experience) instruct the readers on the skills required at each stage of a hearing, including: - ensuring there is a fair hearing process; - standards and conduct of decision-makers; - successful communication; - taking into account the needs of vulnerable participants and litigants in person; - case management; - assessing evidence; and - the process of reaching and then delivering a well-structured decision. The book includes practical guidance, examples, and short exercises to help the reader engage with the issues discussed and understand the skills required. Buy this book and you will have the confidence you need to make great decisions.
Author: Godfrey Cole Publisher: ISBN: 9781509957972 Category : Comparative law Languages : en Pages : 0
Book Description
Are you involved in making decisions in court, a tribunal, or another formal decision-making environment? This book gives guidance in the skills required to reach and deliver well-structured judicial decisions. The authors (all of whom have extensive judicial and quasi-judicial experience) instruct the readers on the skills required at each stage of a hearing, including: - ensuring there is a fair hearing process; - standards and conduct of decision-makers; - successful communication; - taking into account the needs of vulnerable participants and litigants in person; - case management; - assessing evidence; and - the process of reaching and then delivering a well-structured decision. The book includes practical guidance, examples, and short exercises to help the reader engage with the issues discussed and understand the skills required. Buy this book and you will have the confidence you need to make great decisions.
Author: Brian M. Barry Publisher: Taylor & Francis ISBN: 0429657498 Category : Law Languages : en Pages : 361
Book Description
A judge’s role is to make decisions. This book is about how judges undertake this task. It is about forces on the judicial role and their consequences, about empirical research from a variety of academic disciplines that observes and verifies how factors can affect how judges judge. On the one hand, judges decide by interpreting and applying the law, but much more affects judicial decision-making: psychological effects, group dynamics, numerical reasoning, biases, court processes, influences from political and other institutions, and technological advancement. All can have a bearing on judicial outcomes. In How Judges Judge: Empirical Insights into Judicial Decision-Making, Brian M. Barry explores how these factors, beyond the law, affect judges in their role. Case examples, judicial rulings, judges’ own self-reflections on their role and accounts from legal history complement this analysis to contextualise the research, make it more accessible and enrich the reader’s understanding and appreciation of judicial decision-making. Offering research-based insights into how judges make the decisions that can impact daily life and societies around the globe, this book will be of interest to practising and training judges, litigation lawyers and those studying law and related disciplines.
Author: Alexander Nikolaevich Shytov Publisher: Springer Science & Business Media ISBN: 9401597456 Category : Philosophy Languages : en Pages : 377
Book Description
THE CONSCIENCE OF JUDGES AND APPLICA nON OF LEGAL RULES The book is devoted to the problem of the influence of moral judgements on the result of judicial decision-making in the process of application of the established (positive) law. It is the conscience of judges that takes the central place in the research. Conscience is understood in the meaning developed in the theory of Thomas Aquinas as the complex capacity of the human being to make moral judgements which represent acts of reason on the question of what is right or wrong in a particular situation. The reason why we need a theory of conscience in making judicial decisions lies in the nature of the positive law itself. On the one hand, there is an intrinsic conflict between the law as the body of rigid rules and the law as an living experience of those who are involved in social relationships. This conflict particularly finds its expression in the collision of strict justice and equity. The idea of equity does not reject the importance of rules in legal life. What is rejected is an idolatrous attitude to the rules when the uniqueness of a human being, his well being and happiness are disregarded and sacrificed in order to fulfil the observance of the rules. The rules themselves are neither good or bad. What makes them good or bad is their application.
Author: Robert J. Sharpe Publisher: University of Toronto Press ISBN: 1487517009 Category : Law Languages : en Pages : 351
Book Description
Good Judgment, based upon the author's experience as a lawyer, law professor, and judge, explores the role of the judge and the art of judging. Engaging with the American, English, and Commonwealth literature on the role of the judge in the common law tradition, Good Judgment addresses the following questions: What exactly do judges do? What is properly within their role and what falls outside? How do judges approach their decision-making task? In an attempt to explain and reconcile two fundamental features of judging, namely judicial choice and judicial discipline, this book explores the nature and extent of judicial choice in the common law legal tradition and the structural features of that tradition that control and constrain that element of choice. As Sharpe explains, the law does not always provide clear answers, and judges are often left with difficult choices to make, but the power of judicial choice is disciplined and constrained and judges are not free to decide cases according to their own personal sense of justice. Although Good Judgment is accessibly written to appeal to the non-specialist reader with an interest in the judicial process, it also tackles fundamental issues about the nature of law and the role of the judge and will be of particular interest to lawyers, judges, law students, and legal academics.
Author: Cornell W. Clayton Publisher: University of Chicago Press ISBN: 0226109550 Category : Law Languages : en Pages : 359
Book Description
What influences decisions of the U.S. Supreme Court? For decades social scientists focused on the ideology of individual justices. Supreme Court Decision Making moves beyond this focus by exploring how justices are influenced by the distinctive features of courts as institutions and their place in the political system. Drawing on interpretive-historical institutionalism as well as rational choice theory, a group of leading scholars consider such factors as the influence of jurisprudence, the unique characteristics of supreme courts, the dynamics of coalition building, and the effects of social movements. The volume's distinguished contributors and broad range make it essential reading for those interested either in the Supreme Court or the nature of institutional politics. Original essays contributed by Lawrence Baum, Paul Brace, Elizabeth Bussiere, Cornell Clayton, Sue Davis, Charles Epp, Lee Epstein, Howard Gillman, Melinda Gann Hall, Ronald Kahn, Jack Knight, Forrest Maltzman, David O'Brien, Jeffrey Segal, Charles Sheldon, James Spriggs II, and Paul Wahlbeck.
Author: Rachel J. Cahill-O'Callaghan Publisher: Hart Publishing ISBN: 9781509921881 Category : Judicial process Languages : en Pages :
Book Description
"This book draws on theories and techniques from psychology to understand the role of values in Supreme Court decision making. It centres on a novel method of content analysis of judgments to reveal the values that underpin decision making and discusses the potential implications this may have for developments in the law and the appointment of the judiciary. The book examines those cases which divide judicial opinion, Dworkin's hard cases "in which the result is not clearly dictated by statute or precedent". In hard cases there is real uncertainty about the legal rules that should be applied and factors beyond the traditional legal sources may influence the decision making. It is in these uncertain cases, where legal developments can rest on a single judicial decision, that values are revealed in the judgments"--Provided by publisher.
Author: Richard L. Pacelle Publisher: ISBN: 9781139090018 Category : Electronic books Languages : en Pages : 265
Book Description
"There are three general models of Supreme Court decision making: the legal model, the attitudinal model and the strategic model. But each is somewhat incomplete. This book advances an integrated model of Supreme Court decision making that incorporates variables from each of the three models. In examining the modern Supreme Court, since Brown v. Board of Education, the book argues that decisions are a function of the sincere preferences of the justices, the nature of precedent, and the development of the particular issue, as well as separation of powers and the potential constraints posed by the president and Congress. To test this model, the authors examine all full, signed civil liberties and economic cases decisions in the 1953-2000 period. Decision Making by the Modern Supreme Court argues, and the results confirm, that judicial decision making is more nuanced than the attitudinal or legal models have argued in the past"--
Author: Godfrey Cole Publisher: Bloomsbury Publishing ISBN: 1509957952 Category : Law Languages : en Pages : 306
Book Description
Are you involved in making decisions in court, a tribunal, or another formal decision-making environment? This book gives guidance in the skills required to reach and deliver well-structured judicial decisions. The authors (all of whom have extensive judicial and quasi-judicial experience) instruct the readers on the skills required at each stage of a hearing, including: - ensuring there is a fair hearing process; - standards and conduct of decision-makers; - successful communication; - taking into account the needs of vulnerable participants and litigants in person; - case management; - assessing evidence; and - the process of reaching and then delivering a well-structured decision. The book includes practical guidance, examples, and short exercises to help the reader engage with the issues discussed and understand the skills required. Buy this book and you will have the confidence you need to make great decisions.
Author: Godfrey Cole
Author: Godfrey Cole
Author: Brian M. Barry
Author: Alexander Nikolaevich Shytov
Author: 
Author: Robert J. Sharpe
Author: Glendon A. Schubert
Author: Cornell W. Clayton
Author: Rachel J. Cahill-O'Callaghan
Author: Richard L. Pacelle
Author: Godfrey Cole