Often asked: What Is A Factor In How A Judge May Make A Decision?

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

What is a factor in how a judge may make a decision quizlet?

What are the core factors that determine how judges decide in court cases? Legal, Personal, ideological and political influences. Discuss some of the difficulties involved in the implementation and enforcement of judicial decisions.

How do judges make decisions?

Before making a decision about how to interpret the law, a judge will hear arguments from both sides (normally via their lawyers). The District Court Judge will then consider the appropriate penalty with regard to the factors set out in the statute, and the penalties imposed in similar decisions by other courts.

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What factors are taken into consideration when appointing a judge?

Selection Criteria Experience — Most nominees have had substantial judicial or governmental experience, either on the state or federal level. Many have law degrees or some other form of higher education. Political ideology — Presidents usually appoint judges who seem to have a similar political ideology to their own.

What are the different 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.

When a judge makes a decision what is it called?

judgment – The official decision of a court finally determining the respective rights and claims of the parties to a suit. jurisdiction – (1) The legal authority of a court to hear and decide a case.

What are the 4 steps in deciding a case?

Terms in this set (9)

  • Each lawyer submits a brief.
  • 1st lawyer argues case for 30 minutes.
  • 2nd lawyer argued for 30 minutes.
  • A vote is taken.
  • At least 6 justices must be present.
  • Unanimous.
  • Majority.
  • Concurring.

What are the 4 core factors that determine how judges decide in court cases?

What are the core factors that determine how judges decide in court cases? Legal, Personal, ideological and political influences.

Which court system has limited jurisdiction What does that mean quizlet?

limited jurisdiction. Refers to courts that are limited in the types of criminal and civil cases they may hear. For example, traffic violations generally are heard by limited jurisdiction courts.

Can a judge make a decision without evidence?

If the judge has not heard or seen the information, or has heard or seen it but does not believe it to be true, then the judge cannot use that information to help them make a decision in the case or base their decision on.

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Does the judge make the final decision?

In short, the jurors determine the facts and reach a verdict, within the guidelines of the law as determined by the judge. Many states allow the lawyers to request that certain instructions be given, but the judge makes the final decisions about them.

Can a judge do whatever they want?

The short answer is yes – within the context of the law. That is to say the judge knows how to use the law to allow him to do what he or she wants to. For example: In criminal court, a first-time offender may have committed a criminal act that the statue mandates a period of incarceration.

Why are judges appointed and not elected?

All Justices are nominated by the President, confirmed by the Senate, and hold their offices under life tenure. Since Justices do not have to run or campaign for re-election, they are thought to be insulated from political pressure when deciding cases.

What power does the original jurisdiction give the courts?

What power does original jurisdiction give the courts? It gives courts the authority to hold trials and determine the facts of cases. It gives courts the authority to review the decisions of lower courts and decide whether the law was properly applied.

What is the rule for four?

The “rule of four” is the Supreme Court’s practice of granting a petition for review only if there are at least four votes to do so. Under the rule, the court can grant review and hear oral argument even if a five-justice majority of the court prefers not to do so.

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