The Court Decision-Making Process
The court decision-making process has been a leading concern and subject of debate in the political science field. The legal theorist has developed different approaches in an attempt to establish a positive turn. The three primary factors that mainly influence the lower courts in their methods of implementing decisions include the public pressure, political pressures and the structure of the judicial system. The emerging trends in the society can change the norms as well as the values that are associated with the court cases. Similarly, the legal system should fully observe independence and decentralization to ensure justice and fairness.
Remedies for More Precise Decisions
One of the remedies which the judges can use to help make more precise decisions is the change of social or political structure that affect the behavior. In this case, evidence for various claims can be obtained through non-traditional forms. An excellent example is the study of demographic conditions under which the case being solved lies (Howard, 2014). Secondly, it is also essential for them to consider the use of non-adjudicatory dispute resolution techniques. Examples include mediation and negotiation skills the reason is that in most cases, the parties involved in most crisis have relationship ties that go beyond litigations process.
Strategies in the Adjudicative Model
Two main strategies that are useful in the adjudicative model to supplement on judge's decisions include the settlement of concrete decisions and the adversary technique. In both cases, the parties involved in the adjudication process are given an opportunity to present their proofs and grievances. The methods are recommended in that they help judges not to be impartial in that they can quickly outline the factual and legal evidence of each case. The scenario is applicable even when the jury gives the verdicts.
References
Howard Jr, J. W. (2014). Courts of appeals in the federal judicial system: A study of the second, fifth, and District of Columbia circuits. Princeton University Press.
