Discuss about the influences on judicial decision making

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Reference no: EM131405469

Discussion 1

"Revising and Presenting Your Writing" Please respond to the following:

· You are under a tight deadline to submit a report to your manager. You are cutting it very close and consider submitting your report without revising your writing in order to meet the deadline. Then you remember what your English professor taught you about the importance of revising your work.

· Identify three (3) areas of evaluation you consider to be most important in communicating effectively and preventing misunderstandings through revision within your writing.

Please reply to the following student

The three areas of evaluation that I consider the most important are grammar, spelling and sentence structure. First I use the spell check and grammar indicators inside the application that I used to write the paper such as Microsoft Word. This helps to ensure that common mistakes are looked at. Secondly, I read the paper or report out loud, whether to myself or to another. This helps me to catch flow issues as well as words that do not make sense or are incorrectly spelled.

Finally I tend to have my wife or someone else read my papers. A second set of eyes is helpful in order to pick up things that I may have missed. It also helps that the other person is likely to pay closer attention to the writing instead of the thoughts that the author has about the paper. They are more likely to pick up things that do not make sense.

Discussion 2

"Influences on Judicial Decision Making" Please respond to the following:

· * From the e-Activity, describe at least three (3) influences on decision making by a judge. Indicate at least two (2) reasons why you believe these influences are the most influential to the process. Justify your response.
· Attorney Joe Smith has established regular interactions with many of the local judges in the town where his practice is located and has built professional relationships with them. Discuss at least two (2) advantages that Joe's professional relationships would afford him if he wants to postpone a case until a more favorable judge is available. Provide a rationale for your response.

Please reply to the following student

A judge's decision-making is influence by localism, their political party affiliation, and religious beliefs. Localism controls some judges decisions because they may have grown up with strong traditions with historical ties. Other may have grown up poor, and they want to give back to their community, or the region of their courts. They are guided by their political party affiliation because some come from socially prominent families of public service and went to prestigious law schools. Others may have strong political theories on economic, criminal or civil liberty issues. Sometimes, religion will affect a judge's attitude, but will not affect their job performance because they have to rule on matters of the law.

I believe these influences are most influential to the process because consistency, fairness, and responsibility is everything when people are seeking justice. There should be a balance to protect the sanity of the legal proceedings to avoid sometimes stirring ill feelings from the public's reception. Two advantages Joe has postponing a case until a more favorable judge is available because Joe has established an excellent reputation and respect for working hard in the courtroom and he knows the judge will be more favorable or lenient towards his client.

Discussion

"Legal Subculture" Please respond to the following:

· Describe the key roles that you believe legal subculture described in Chapter 12 plays in a courtroom setting. Examine the effect that each of these roles has on a judge's decision- making process when he / she is hearing a case. Provide a rationale in your response.

· Given the discussion on legal subcultures in Chapter 12 of the text, identify at least two (2) of the relative strengths and weaknesses found in legal subcultures. Describe the primary reasons why you believe your chosen attributes aid in the decision-making process of court systems. Provide a rationale for your response.

Please reply to the following student

Discussion 2

A legal subculture is a combination of rules and practices that aid in decision-making inn a courtroom setting. It is basis of decision making in a courtroom setting. it is a basis of decision making that focuses on; 1) the nature of legal reasoning, 2) adherence to precedence and 3) constraints on trial judge decision making. The legal subculture sets pattern of legal reasoning by checking on the similarity of two cases and introducing the rule of law in both cases.

For adherence to precedence, the doctrine of stare decisis is used making the judge to make a decision based on precedence. Setting constraints on trial judge decision making answers questions such as; is there a case of controversy or have all the remedies been exhausted?. The function is to exploit advisory opinions to ensure proper case standing. The legal subculture has its strengths and weaknesses too.

First, the advantage is that it utilizes all remedies and advisory opinions to make decisions. Second, it employs the rule of law in making judgements. The weaknesses include the use of precedence to make decisions making it controversial. Proper consultation plus the rule of law aid in making credible rulings and judging using stare decisis raises many questions and thus controversial.

Reference no: EM131405469

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