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The Impact of Court Procedure on the Psychology of Judicial Decision Making (Hardcover)
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The Impact of Court Procedure on the Psychology of Judicial Decision Making (Hardcover)
Series: Common Goods: Law
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Court procedures matter. But why do they matter, and how? There is
hardly another context in which decision making is so densely
embedded in a host of formal and informal institutions. Courts do
not themselves have the right of initiative. They must wait until a
plaintiff or the attorney general brings a case forward. These same
actors also define the issue. The court is not allowed to go beyond
the claim, unless both parties voluntarily agree on a broader
definition. Most importantly, courts are not free to determine the
output. It is their task to apply the law in force to the facts of
the case, as presented by the parties. In order to become decision
relevant, facts must go through strictly defined procedural routes.
If a fact is contested, it may only be taken into account if
formally proven. There is an exhaustive list of evidence admissible
in court. Informal rules, for instance, determine the structure and
the wording of the pleadings, and of the representation of the
final decision to the parties and to the legal community. This
makes judicial procedure a particularly rewarding topic for the
interaction between lawyers and psychologists. The Impact of Court
Procedure on the Psychology of Judicial Decision Making, assembled
through the lively interaction of a group of academics from the US
and Germany, examines this fascinating topic.
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