Adjudication Flashcards
1
Q
features of adjudication that make it central
A
- presupposed by other legal actors
- dispute resolution might be thought of as the primary function of law
- judgments are authoritative beyond the case (especially in the common law system)
2
Q
orthodox theory of adjudication
A
what judges do is reasonably predictable because judges are relatively constrained by the law
3
Q
heretical theory of adjudication
A
judicial decision-taking is reasonably predictable in spite of being relatively constrained by the law
4
Q
common law theory
A
the job of adjudication is to apply the common consensus of the community
5
Q
formalism
A
a clear system of rules
6
Q
scepticism
A
judicial decisions mostly predictable but not determined by paper rules