How Judges Decide Cases
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Reading Writing And Analysing Judgments
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Author : Andrew Goodman
language : en
Publisher: Emis Professional Pub
Release Date : 2006-01-01
Reading Writing And Analysing Judgments written by Andrew Goodman and has been published by Emis Professional Pub this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-01-01 with Law categories.
This unique book offers a practical guide to deconstructing judgments for the purpose of fair criticism and appeal. It shows how judgments are written and examines the style and language of judges expressing judicial opinion. The work is founded upon independent research in the form of interviews conducted with judges at every level from deputy district judge to Lords of Appeal in ordinary, and the practical application of existing academic material more usually devoted to the structure and analysis of wider prose writing. It is illustrated by reference to reported judgments, both well-known and obscure, of the past 100 years. Contents include: . The nature of judgment . How to read a judgment . The use of language in judicial opinion . Argument and legal logic . Fair criticism . Writing judgments . How judges decide . The appellate judgment . Problems with law reporting . Judicial style It will assist vocational and research students alike - as well as fascinate those interested more general in the law and judicial process.
How Judges Decide Cases
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Author : Andrew Goodman
language : en
Publisher:
Release Date : 2018
How Judges Decide Cases written by Andrew Goodman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Judgments categories.
How Judges Decide Cases is a unique and practical guide which looks at how cases are decided and judgments are written. It examines the style and language of judges expressing judicial opinion and considers the drive for rational justice. The book is founded upon independent research in the form of interviews conducted with judges at every level, from deputy district judges to justices of the Supreme Court, and the practical application of academic material more usually devoted to the structure and analysis of wider prose writing. This new edition has been revised to take into account modern scientific thinking on bias in decision-making and is generic to all areas of contentious law. Newly appointed recorders, deputy judges, tribunal chairman, lay magistrates and arbitrators as well as experienced practitioners will find it invaluable as a guide to the deconstruction of judgments for the purpose of appeal.
Good Judgment
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Author : Robert J. Sharpe
language : en
Publisher: University of Toronto Press
Release Date : 2018-10-11
Good Judgment written by Robert J. Sharpe and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-11 with Law categories.
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.
How Do Judges Decide
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Author : Cassia Spohn
language : en
Publisher: SAGE
Release Date : 2009
How Do Judges Decide written by Cassia Spohn and has been published by SAGE this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
How are sentences for Federal, State, and Local crimes determined in the United States? Is this process fairly and justly applied to all concerned? How have reforms affected the process over the last 25 years? This text for advanced undergraduate students in criminal justice programs seeks to answer these questions.
How Do Judges Decide
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Author : Cassia Spohn
language : en
Publisher: SAGE
Release Date : 2002-01-28
How Do Judges Decide written by Cassia Spohn and has been published by SAGE this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-01-28 with Law categories.
The appropriate amount of punishment for a given crime is an issue that has been debated by scholars, philosophers and legal professionals since the beginning of civilizations. This book seeks to address this issue in all of its complexity by providing a comprehensive overview of the sentencing process in the United States. The book begins by discussing the overall concept of punishment and then proceeds to dissect individual aspects of punishment. Topics include: the sentencing process; responsibility of the judge; disparity and discrimination in sentencing; and sentencing reform. This book is an ideal text for introductory courses on the judicial system, criminal law, law and society. It can be an essential resource to help students understand patterns in the wide discretion and latitude given to judges when determining punishments within the framework of the United States judicial system.
How Judges Think
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Author : Richard A. Posner
language : en
Publisher: Harvard University Press
Release Date : 2010-05-01
How Judges Think written by Richard A. Posner and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-05-01 with Law categories.
A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.
Settled Versus Right
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Author : Randy J. Kozel
language : en
Publisher: Cambridge University Press
Release Date : 2017-06-06
Settled Versus Right written by Randy J. Kozel and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-06 with Law categories.
This book analyzes the theoretical nuances and practical implications of how judges use precedent.
Judges Law And War
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Author : Shane Darcy
language : en
Publisher: Cambridge University Press
Release Date : 2014-08-07
Judges Law And War written by Shane Darcy and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-08-07 with History categories.
This book provides expert analysis of the impact of international and national courts on the development of international law applying to armed conflicts.
The Nature Of The Judicial Process
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Author : Benjamin N. Cardozo
language : en
Publisher: Courier Corporation
Release Date : 2005-01-01
The Nature Of The Judicial Process written by Benjamin N. Cardozo and has been published by Courier Corporation this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-01-01 with Law categories.
In this legal classic, a former Associate Supreme Court Justice explains the conscious and unconscious processes by which a judge decides a case and the ways rulings are guided and shaped.
Judges And Their Audiences
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Author : Lawrence Baum
language : en
Publisher: Princeton University Press
Release Date : 2009-01-10
Judges And Their Audiences written by Lawrence Baum and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-10 with Law categories.
What motivates judges as decision makers? Political scientist Lawrence Baum offers a new perspective on this crucial question, a perspective based on judges' interest in the approval of audiences important to them. The conventional scholarly wisdom holds that judges on higher courts seek only to make good law, good policy, or both. In these theories, judges are influenced by other people only in limited ways, in consequence of their legal and policy goals. In contrast, Baum argues that the influence of judges' audiences is pervasive. This influence derives from judges' interest in popularity and respect, a motivation central to most people. Judges care about the regard of audiences because they like that regard in itself, not just as a means to other ends. Judges and Their Audiences uses research in social psychology to make the case that audiences shape judges' choices in substantial ways. Drawing on a broad range of scholarship on judicial decision-making and an array of empirical evidence, the book then analyzes the potential and actual impact of several audiences, including the public, other branches of government, court colleagues, the legal profession, and judges' social peers. Engagingly written, this book provides a deeper understanding of key issues concerning judicial behavior on which scholars disagree, identifies aspects of judicial behavior that diverge from the assumptions of existing models, and shows how those models can be strengthened.