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Lecture 13

POLI 378 Lecture 13: Lecture 13
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4 Pages
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Department
Political Science
Course Code
POLI 378
Professor
Nicole Borovan

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Description
Lecture 13: Judicial Decision Making: A dispute will revolve around facts a judge has to know about the facts and has to qualify them knowledge of the facts and of the law Also can be influenced by factors inside factors: moral values, etc. External factors: surrounding environment What does a court rely upon to render a decision in a dispute? What is a dispute? The notion of difference An issue but a difference in the idea on the issue Different position difference of opinion Legal dispute: Disagreement on a point of law Right or legal interest who cuts the tree, whos land the tree is on, etc. Based on facts that have legal consequences But on which basis does the judge decide the case? Take in account the facts, the law (doing what is written in constitution to the right of the landlord, the tenant, etc.) If not written in constitution where do you go? Precedents No precedents? (no SC decision on the matter) The contract= the law of the parties A contractual relationship and then a dispute the contracts is the law that relates you The judge will take the contract and try to understand it and interpret it You have the facts, the law and consideration for other outside facts What is a fact? Something that can be proven to be true can be something, can also be an event Event a circumstance A thing dispute on piece of land Facts are important because they have to be proved adjudicated Have to prove that this laptop belongs to me a requirement Prove the fact prove that its your laptop Case of tort: Prove wrongful act of the defendant Prove your lossharm Prove the link between the wrongful act and the lossharm these are all facts that you need to prove the means as which the facts are proved are considered as court evidence
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