What is legal decision making?

What is legal decision making?

“’Legal decision-making’ means the legal right and responsibility to make all nonemergency legal decisions for a child including those regarding education, health care, religious training and personal care decisions.” A.R.S. § 25-401(3).

Is sole legal decision making the same as sole custody?

The term custody refers to the legal and physical custody of a child. Legal custody is the authority to make decisions for and about a child. Sole legal custody (also called sole parental responsibility) is when one parent has full responsibility to make major decisions for the child.

What does joint legal decision making mean?

“ Joint legal decision making ” means both parents share legal decision making and neither of the rights of parents are superior, except with respect to specified decisions as set forth by the court or the parents in the final judgment or order .

What does judicial decision mean?

Definitions of judicial decision. noun. (law) the determination by a court of competent jurisdiction on matters submitted to it. synonyms: judgement, judgment.

What influences judicial decision-making?

But additional legal, personal, ideological, and political influences weigh on the Supreme Court and its decision-making process. On the legal side, courts, including the Supreme Court, cannot make a ruling unless they have a case before them, and even with a case, courts must rule on its facts.

What are the 3 types of Supreme Court decisions?

Describe the three kinds of opinions a Supreme Court justice may write about a decided case: majority opinion, dissenting opinion, concurring opinions.

How often does the Supreme Court overturn a decision?

236 times

Can Supreme Court decision be challenged?

The parties aggrieved on any order of the Supreme Court on any apparent error can file a review petition. Under Supreme Court Rules, 1966 such a petition needs to be filed within 30 days from the date of judgement or order.

Who chooses the cases for the Supreme Court?

The Supreme Court receives about 10,000 petitions a year. The Justices use the “Rule of Four” to decide if they will take the case. If four of the nine Justices feel the case has value, they will issue a writ of certiorari.

What is the definition of stare decisis?

Stare decisis is Latin for “to stand by things decided.” In short, it is the doctrine of precedent. Horizontal stare decisis refers to a court adhering to its own precedent. A court engages in vertical stare decisis when it applies precedent from a higher court.

Why is a concurring opinion important?

Concurring opinions are important for many reasons. First, a concurrence can transform a majority opinion into a plurality. A plurality opinion is one in which a majority of the Court agrees to the result, but less than a majority of the justices agree to the reasons behind the decision.

What is a legal dissenting opinion?

A dissenting opinion (or dissent) is an opinion in a legal case in certain legal systems written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment. When not necessarily referring to a legal decision, this can also be referred to as a minority report.

What does dissenting mean?

1 : to withhold assent or approval. 2 : to differ in opinion Three of the justices dissented from the majority opinion. dissent.

Is a dissenting opinion primary authority?

dissenting opinion: an opinion written by a judge or justice explaining why she does not agree with the majority opinion. These opinions have no precedential value, but may be considered persuasive authority.

Why do judges write dissenting opinions?

A dissenting opinion is an opinion written by a justice who disagrees with the majority opinion. Judges have taken the opportunity to write dissenting opinions as a means to voice their concerns or express hope for the future.

What is primary mandatory authority?

Primary sources can be either persuasive or mandatory. Mandatory authority refers to cases, statutes, or regulations that the court must follow because it is binding on the court. Persuasive authority refers to cases, statutes, regulations, or secondary sources that the court may follow but does not have to follow.

Are headnotes primary authority?

Headnotes are a great research tool but are not considered legal authority and should never be cited to.

What does binding authority mean in law?

mandatory authority