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)
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2
Q

orthodox theory of adjudication

A

what judges do is reasonably predictable because judges are relatively constrained by the law

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3
Q

heretical theory of adjudication

A

judicial decision-taking is reasonably predictable in spite of being relatively constrained by the law

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4
Q

common law theory

A

the job of adjudication is to apply the common consensus of the community

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5
Q

formalism

A

a clear system of rules

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6
Q

scepticism

A

judicial decisions mostly predictable but not determined by paper rules

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