How Judges Decide Cases

How Judges Decide Cases PDF Author: Andrew Goodman (LL. B.)
Publisher:
ISBN: 9788175346376
Category : Judgments
Languages : en
Pages : 0

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How Judges Decide Cases

How Judges Decide Cases PDF Author: Andrew Goodman
Publisher:
ISBN: 9780854902453
Category : Judgments
Languages : en
Pages : 0

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Book Description
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.

Reading, Writing and Analysing Judgments

Reading, Writing and Analysing Judgments PDF Author: Andrew Goodman
Publisher: Emis Professional Pub
ISBN: 9781858113661
Category : Law
Languages : en
Pages : 234

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Book Description
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.

The Art and Craft of Judgment-Writing

The Art and Craft of Judgment-Writing PDF Author: Max Barrett
Publisher:
ISBN: 9781787428577
Category : Law
Languages : en
Pages : 368

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Book Description
Judges are increasingly aware that the best way of enhancing public confidence in court systems is not only by providing a quality service but doing so compassionately and respectfully. The art and craft of judgment-writing is a critical element of this process. This book looks at the judgments of historically great judgment-writers from the US, UK and wider common law world (in particular Australia, Canada, India, Ireland, Israel and New Zealand). It is written not from the perspective of what the author can teach but with the aim of identifying essential elements of good judgment-writing in great judgments and insightful commentary.Written by Dr Max Barrett, a judge of the High Court of Ireland, individual chapters focus on subjects such as judgment purpose, length, style and structure, concurring and dissenting judgments, judgment-writing for children and vulnerable parties, as well as more general lessons in good writing offered by great authors from Orwell to Twain. Among the lessons to be taken from great common law judges are that: a good judgment possesses an ability to rise above immediate facts and to see a problem in its wider perspective;a sense of empathy/sympathy for those faring badly is always important; andthere is nothing wrong with language that is occasionally flowery and ornate; however, the best judgments are crisp and persuasive.A great author such as Mark Twain teaches, for example, that: every element of a judgment should be necessary to that judgment and any unnecessary element excised;any person or event included in a judgment should be included for a reason; anda judge should always use the right word for what she wants to state, 'not its second cousin'.This book is intended for novice superior court judges, their more seasoned colleagues and all with an interest in legal writing (including legal practitioners, law teachers and law students). Lower-court judges required to write judgments should find the book valuable; and judges at all levels should find the additional chapter on ex tempore judgments of use.

WRITING REASONS

WRITING REASONS PDF Author: EDWARD. BERRRY
Publisher:
ISBN: 9780433506676
Category :
Languages : en
Pages :

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Judgment Studies

Judgment Studies PDF Author: Robert Rosenthal
Publisher: Cambridge University Press
ISBN: 0521331919
Category : Psychology
Languages : en
Pages : 270

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Book Description
This book constitutes a unique resource for advanced students and researchers in the behavioral and social sciences.

A Defense of Judgment

A Defense of Judgment PDF Author: Michael W. Clune
Publisher: University of Chicago Press
ISBN: 022677029X
Category : Philosophy
Languages : en
Pages : 255

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Book Description
Teachers of literature make judgments about value. They tell their students which works are powerful, beautiful, surprising, strange, or insightful—and thus, which are more worthy of time and attention than others. Yet the field of literary studies has largely disavowed judgments of artistic value on the grounds that they are inevitably rooted in prejudice or entangled in problems of social status. For several decades now, professors have called their work value-neutral, simply a means for students to gain cultural, political, or historical knowledge. ?Michael W. Clune’s provocative book challenges these objections to judgment and offers a positive account of literary studies as an institution of aesthetic education. It is impossible, Clune argues, to separate judgments about literary value from the practices of interpretation and analysis that constitute any viable model of literary expertise. Clune envisions a progressive politics freed from the strictures of dogmatic equality and enlivened by education in aesthetic judgment, transcending consumer culture and market preferences. Drawing on psychological and philosophical theories of knowledge and perception, Clune advocates for the cultivation of what John Keats called “negative capability,” the capacity to place existing criteria in doubt and to discover new concepts and new values in artworks. Moving from theory to practice, Clune takes up works by Keats, Emily Dickinson, Gwendolyn Brooks, Samuel Beckett, and Thomas Bernhard, showing how close reading—the profession’s traditional key skill—harnesses judgment to open new modes of perception.

Legal Writing and Analysis

Legal Writing and Analysis PDF Author: Linda H. Edwards
Publisher: Aspen Publishing
ISBN: 1543806880
Category : Law
Languages : en
Pages : 397

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Book Description
This streamlined text offers a straightforward guide to developing legal writing and analysis skills for beginning legal writers. Legal Writing and Analysis, Fifth Edition by Linda Edwards, leads students logically through reading and analyzing the law, writing the discussion of a legal question, and writing office memos, letters, and briefs. The text includes chapters on citation form, writing style, professionalism, and oral argument. The book features special focus on forms of legal reasoning (rules, analogies, policies, principles, customs, inferences, and narrative) complete with examples and exercises. It teaches students to recognize rule structures and use them to organize their document. New to the Fifth Edition: Streamlined chapters and exercises Updated citation materials covering current editions of both citation manuals Product page featuring more material on professional letters and accessible coverage and use of legal theory Professors and students will benefit from: Contextual learning, including important legal method material Superior treatment of how to organize a legal discussion Clear, ample coverage of legal reasoning Practice-oriented approach Numerous examples and short exercises for formative assessment Strong coverage of professional responsibility

Rhetorical Processes and Legal Judgments

Rhetorical Processes and Legal Judgments PDF Author: Austin Sarat
Publisher: Cambridge University Press
ISBN: 1316791025
Category : Law
Languages : en
Pages : 159

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Book Description
Over the last several decades legal scholars have plumbed law's rhetorical life. Scholars have done so under various rubrics, with law and literature being among the most fruitful venues for the exploration of law's rhetoric and the way rhetoric shapes law. Today, new approaches are shaping this exploration. Among the most important of these approaches is the turn toward history and toward what might be called an 'embedded' analysis of rhetoric in law. Historical and embedded approaches locate that analysis in particular contexts, seeking to draw our attention to how the rhetorical dimensions of legal life works in those contexts. Rhetorical Processes and Legal Judgments seeks to advance that mode of analysis and also to contribute to the understanding of the rhetorical structure of judicial arguments and opinions.

The Handbook for the New Legal Writer

The Handbook for the New Legal Writer PDF Author: Jill Barton
Publisher: Aspen Publishing
ISBN: 1543858376
Category : Law
Languages : en
Pages : 536

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Book Description
The Handbook for the New Legal Writer, Third Edition, is the practical guide to the foundational skills that law students need. With concise and easy-to-follow instructions, a variety of annotated examples, and the clarifying concept of “anchors,” the Handbook is a student-centered text that engages and accompanies students throughout the first-year legal writing course, and beyond. The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. The Handbook for the New Legal Writer focuses on showing (not telling) students how to write effective legal documents using step-by-step instructions and annotated examples. The Handbook uses the term “anchors” throughout to help students deepen their understanding and analysis of legal questions. In an easy-to-read style, the Handbook guides students through the entire first-year legal research, writing, and analysis curriculum. The Handbook covers predictive and persuasive writing in the form of memos, motions, and appellate briefs; as well as professional correspondence in the form of emails, letters, and instant messages; exam writing; judicial writing; oral argument; legal research and citation; and grammar, punctuation, and style. For each topic, the Handbook provides examples (written by the authors or by judges and practicing attorneys), along with detailed explanations that demonstrate how to write with care and clarity. The Handbook is a resource that will guide students throughout law school and into their legal careers. New to the Third Edition: New sidebars throughout the text that address issues of mindfulness, wellness, equity, and inclusion that are important to students More samples of legal documents, prepared by the authors More examples of excellent legal writing by judges and attorneys Professors and students will benefit from: Comprehensive coverage of all first-year legal writing topics: predictive and persuasive writing, grammar and writing style, professional correspondence, exam writing, judicial writing, oral argument, research, and citation Concise and readable text The authors’ original “anchors” concept that helps students recognize salient facts or points of law in case reading and analysis Short and longer annotated examples (written by judges, practitioners, and the authors) illustrate effective legal writing in various formats, including objective memos, correspondence, persuasive memos, motions, appellate briefs, and mor Checklists at the end of each chapter for study and review

Rational Choice in an Uncertain World

Rational Choice in an Uncertain World PDF Author: Reid Hastie
Publisher: SAGE Publications
ISBN: 1483300137
Category : Psychology
Languages : en
Pages : 393

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Book Description
"The authors are highly respected as leading figures in the field of judgment and decision making. There are many existing books on topics related to judgment and decision making, but this book makes a unique contribution to this field because of its systematic and scholarly approach, and its breadth of coverage." —Robert Goldstone, Indiana University "Reid Hastie and Robyn Dawes are two of the most eminent researchers in the field. I know these authors to be excellent writers and I have no doubt that their writing style will be suitable for my students." —William Goldstein, University of Chicago In the new edition of this award-winning text, renowned authors Reid Hastie and Robyn Dawes compare and contrast the basic principles of rationality with actual behavior in making decisions. This book explores theories and research findings from the field of judgment and decision making in a non-technical manner, using anecdotes as a teaching device. Intended as an introductory textbook for advanced undergraduate and graduate students, the material not only is of scholarly interest but is practical as well. New to This Edition Chapter introductions, conclusions, and cross-references between chapters make the text more student friendly An abundance of examples from areas such as finance, medicine, law, and engineering anchor concepts to the real world Increased consideration of descriptive, psychological models of decision making augment the original emphasis on normative, rational, "Expected Utility Theory" models, bring the book up to date Balance among the three major approaches to judgment and decision making: cognitive psychological analyses of mental processes and heuristics, descriptive algebraic models of judgment and decision processes, and rational models of decision making