SOC205 - WEEK 8 - DISCUSSION 1

SOCIETY, LAW AND GOVERNMENT

"Decision Making in Collegial Courts"

Describe at least four (4) factors that affect the decision-making process through collegial contact between judges. Provide a rationale for your response.

The collegial contract between judges is the allocation of authority distributed equally. As such each judge has the equal right to apply existing rules or modify old rules and create rules on a shared basis. Appellate courts and judges are examples of collegial courts. Further collegial courts face the challenge of collegial rule application and collegial rule creation by the implication of legal policy making that includes determinacy, coherence, and the complexity of the legal doctrine. Active determinacy is a factor that contributes to coherence in legal decision making but the matter of legal coherence allows the compelling of legalities to form a steadfast connectiveness and unify in a single act, voice or rule of legality whether complex or not.

Four factors that affect the decision-making process through collegial contract between judges are inclusive of the following:

Cue Theory
Small-Group Analysis
Attitudinal Model
Rational Choice

These four factors figure predominantly throughout the decision making process by first realizing there has to be a judgment made on the merits of the case and as such the Cue Theory allows presumption of a trigger to assist in the processing of the case to facilitate a point or cues that made the U.S. government a party to a case, or if a civil rights or civil liberty was in debate, or lastly if there was a dissension among the judges in the court that previously heard the case.

Describe the effects of the collegial process in forming a judge’s personal opinion on an issue. Suggest at least two (2) effects that power and prestige have on a judge when an outcome of a case is being determined. Provide a rationale for your response.

The effects of the collegial process in forming a judge’s personal opinion on an issue can be collectively attributed to the Attitude Theory as it is reflectively of formed socialization patterns, familial cultural patterns, sociological patterns, personal values, educational structure, political affiliations, etc.

Two effects that power and prestige have on a judge when an outcome of a case is being determined is prevalent upon leadership skills, vision, drive and political savvy and ability. Further being able to “sway the pole” is a skill that is non-transferable but shows adroitness, intellectual value and negotiating skills and therefore increased respect and desirability.

Positive effects on a judge leads to levels of respect to awe when an outcome of case is being determined and subsequently retainership and emulation.

Thank you.

Felicia


http://www.columbia.edu/~jrl2124/Landa_Lax_Rules.pdf
http://www.thefreedictionary.com/collegial

SOCIETY, LAW AND GOVERNMENT
WEEK 8 - DISCUSSION 1
RESPONSE TO CO-STUDENT

I agree Cue Theory is efficient, thorough and a legal godsend and serves as a facilitator of who gets heard and who does not. Of the four, I like this approach and Rational Choice Theory because it is more factual and less emotional.

I agree that sometimes personal feelings can be a sway in judgment but being impersonal is a more objective stance and as such it allows growth, expansion and notoriety and stature.

Thank you.

Felicia