Essay Available:
Pages:
1 page/β275 words
Sources:
No Sources
Style:
APA
Subject:
Social Sciences
Type:
Essay
Language:
English (U.S.)
Document:
MS Word
Date:
Total cost:
$ 4.86
Topic:
Judicial Decision
Essay Instructions:
Judicial decision making has often been shrouded in the “myth of the robe,” which suggests that the justices disregard their personal beliefs when they put on their robes. What influences judicial decision making? On a related matter, are there multiple ways of interpreting the law? How do justices choose which approach to use?
Essay Sample Content Preview:
Judicial Decision
Name:
Institution:
Judicial Decision
The legal perspective which involves the rule of law and formal procedures is what influences Judicial decision making. There have been many empirical studies that have been conducted to examine whether personal characteristics and beliefs as well as social background influences judicial decisions. Most of the studies suggest that no great level of correlation exists between personal beliefs and the decisions judges make. For example a judge's race or cultural values are not influential factors in explaining the decisions judge's make.
In the common jurisdictions of law, the statutory interpretation is used by the judges in the application of legislation. The words of the statute may be straightforward and plain in which case the judges will interpret them according to the Plain Meaning method. However, in cases where vagueness or ambiguity of words is found in words used in the statute, judges are required to resolve them using several approaches. The judges may use approaches including legislative history, the statutory traditional canons and purpose. Stare decisis (Rule of Precedent) is another approach. This means that judges are supposed to search and rely on similar court cases and decisions made in the past and convert them into a general principle of law called a standard, rule or test that can be applied in the case at hand. Judges apply legal reasoning to sele...
Get the Whole Paper!
Not exactly what you need?
Do you need a custom essay? Order right now:
π Other Visitors are Viewing These APA Essay Samples:
- An Inquiry into a Hypothetical Problem on Ethics6 pages/β1650 words | 17 Sources | APA | Social Sciences | Essay |
- Internet Privacy2 pages/β550 words | 5 Sources | APA | Social Sciences | Essay |
- Moral Minima/ Please see instructions3 pages/β825 words | 2 Sources | APA | Social Sciences | Essay |
- Psychology: Ivan Pavlov3 pages/β825 words | 4 Sources | APA | Social Sciences | Essay |
- General Economic Characteristics of Oligopoly and Particular Characteristics of Airlines3 pages/β825 words | 4 Sources | APA | Social Sciences | Essay |
- Democratic transition2 pages/β550 words | 5 Sources | APA | Social Sciences | Essay |
- Organizational Psychology: Stress in the workplace10 pages/β2750 words | 10 Sources | APA | Social Sciences | Essay |