Models Of Judicial Decision Making
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Models Of Judicial Decision Making
Models of judicial decision making are developed by researchers and scholars to provide an explanation for the votes of United States Supreme Court Justices. With the Supreme Court holding such importance in the American legal and political system, researchers, scholars, and court-watchers have long tried to understand the motivations of its justices. There are three main models of Judicial decision making: the legal model, the attitudinal model, and the strategic model. The Legal model By definition, The Legal model is the most traditional way of understanding the actions taken by a justice. The legal model posits that justices decide cases based solely on the facts of the case, the Constitution, and past precedent. The legal model has its roots in static law theory. Criticism of the Legal model Criticism of the Legal Model comes from a variety of observations. Charles Herman Pritchett, writing in 1941, made some early observations that seemed to indicate that the Legal Mod ...
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Supreme Court Of The United States - Roberts Court 2022
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