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Who would you choose? You’re representing a doctor, charged with murder under a similar statute,because she, at the request of her patient, suffering from.

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Presentation on theme: "Who would you choose? You’re representing a doctor, charged with murder under a similar statute,because she, at the request of her patient, suffering from."— Presentation transcript:

1 Who would you choose? You’re representing a doctor, charged with murder under a similar statute,because she, at the request of her patient, suffering from early stages of alzeimers, helped him commit suicide by injecting him with cyanide Would it be different if the doctor prosecuted for performing abortion -16 weeks?

2 LEGAL REASONING How judges (and lawyers) argue from past cases and deal with the doctrine of stare decisis-precedent How judges interpret statutes How judges (and other legal actors) exercise discretion All of these offer insights into how the day-to-day outcomes in law emerge

3 Law and Official Discretion
The judging process and the judge’s personality-Jerome Frank The process of judging is psychologically driven-contrary to prevailing notions that it is an objective process Starts with an intuitive hunch and then finds evidence to support it. Hunch arises from unconscious and conscious sources

4 Is legal reasoning objective?
Llewellyn argues that legal reasoning is more stable and predictable-I.e. analysis of precedent Factors beyond the psychological affect legal reasoning and outcomes, I.e. environmental factors -moral, political, economic-Scottsboro Boys Does the notion of intuition undercut the notion of professionalism-the basis of the legal profession?

5 Law and Official Discretion
The judging process and the judge’s personality-Jerome Frank The process of judging is psychologically driven-contrary to prevailing notions that it is an objective process Starts with an intuitive hunch and then finds evidence to support it. Hunch arises from unconscious and conscious sources

6 Examples-applying discretion
Forgery case Attempted murder Rape

7 Exam Review Review session tonight Bring #2 pencil to class
Know the names of cases and the names of authors of the readings Know facts, issues, rulings, reasoning and how precedent was operating Know, stare decisis, coverture, statutory constriction (strict and loose), names of judges in Speluncean Explorers and their philosophy Lawyer/client relationship Theories of adversary process lecture and readings

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