1. judicial decision – (law)
the determination by a court of competent jurisdiction on matters submitted to it
.
judgment, judgement
.
What are judicial decisions based on?
A justice’s decisions are influenced by
how he or she defines his role as a jurist
, with some justices believing strongly in judicial activism, or the need to defend individual rights and liberties, and they aim to stop actions and laws by other branches of government that they see as infringing on these rights.
What is a judicial decision?
1. judicial decision – (law)
the determination by a court of competent jurisdiction on matters submitted to it
.
judgment, judgement
.
What is judicial decision or jurisprudence?
Case law, or the legal decisions which have developed and which accompany statutes in applying the law against situations of fact. Technically, jurisprudence means the “science of law”. Statutes articulate the bland rules of law, with only rare reference to factual situations.
Why is judicial decision important?
In other words, they shortcut the term importance to mean ‘having precedential value’ where an important judicial decision is one that ‘
establishes a legal rule or principle that is employed to resolve future cases
, thereby distinguishing itself from judgments doomed to sped eternity on the ash heap of legal history.
What are the three models of judicial decision making?
We consider decision making on the U.S. courts of appeals by examining three different models of behavior—
the legal model, the attitudinal model, and the hierarchical model
.
What is the judge’s decision called?
Adjudication
: A decision or sentence imposed by a judge.
What are the 3 types of Supreme court decisions?
Majority opinion. Dissenting opinion. Plurality opinion
.
What factors influence judicial decision making?
5 To Haines, the factors most likely to influence judicial decisions are: (1) “direct influences” which include: (a)
legal and political experiences
; (b) political affiliations and opinions; and (c) intellectual and temperamental traits; and (2) “indirect and remote influences” which include: (a) legal and general …
Are judicial decisions law?
Common law consists of decisions by courts
(judicial decisions) that do not involve interpretation of statutes, regulations, treaties, or the Constitution. Courts make such interpretations, but many cases are decided where there is no statutory or other codified law or regulation to be interpreted.
What is an example of judicial power?
Judicial power can be used in many ways including these examples of judicial power:
A judge hears an insurance fraud case
. Based on precedent determined in a previous case in another court, the judge finds the defendant guilty. … A robbery case is being heard in an appellate court.
Is a Supreme Court decision a law?
Supreme Court justices do make law
; it is the reasons for their decisions that matter.
What is the difference between case law and jurisprudence?
Case Law and the Canadian Abridgement – What is Jurisprudence? Jurisprudence is the body of case law on a particular topic. A
case
is a decision rendered by a judge or justice of the peace after hearing all of the sides to a dispute.
How does a judge make a decision?
After a trial, the judge makes a decision
on what is disputed in your case
, which is called a ruling. The judge signs a written order and the clerk of court “enters” it with an ink stamp that reflects the date. On that date, it becomes legally effective or entered.
What is the attitudinal model of judicial decision making?
The attitudinal model holds
that judges decide cases in light of their sincere ideological values juxtaposed against the factual stimuli presented by the case
. Consider a search and seizure whose constitutionality the Court must determine.
What is the role of precedent in judicial decision making?
Precedent refers to a court decision that is
considered as authority for deciding subsequent cases involving identical or similar facts, or similar legal issues
. Precedent is incorporated into the doctrine of stare decisis and requires courts to apply the law in the same manner to cases with the same facts.
