POLS 3130 Chapter Notes - Chapter 3: Alternative Dispute Resolution, Mootness, Ripeness
8 Nov 2013
School
Department
Course
Professor
Document Summary
Pols 3130 - chapter 3: judicial process and alternative dispute resolution. 4 components of judicial process: access to court, role of judge and number of parties, fact-finding, mode of reasoning. Facts presented by each part must follow established legal procedures and involve who did what to whom". Arrives at conclusion by applying established legal principles to facts of case. Policy-making" model assumes that its proper and desirable for courts to be involved in articulation of public values through policy level development. Operate less like adjudicators and more like legislatures or executive bodies. Easy to obtain access to courts to challenge government policy. Problem-solving" model sees value in courts trying to address underlying problems or issues. Makes use of adr techniques like mediation before trial. Judges actively involved in collection of evidence. Different courts and judges have different tendencies and one case may have elements from more than one model. Access to court: standing, mootness, ripeness and political questions.
