POLS 3130 Chapter Notes - Chapter 3: Social Fact, Mootness, Active Listening

• School: University of Guelph
• Department: Political Science
• Course: POLS 3130
• Professor: Dennis Baker

Document Summary

Problem-solving model: court models that emphasizes identifying the underlying cause of the problem that led the individual to court. The judge is part of the team (including lawyers and various social service representatives) and procedures are less forma. Policy-making model: a model that"s sees judges de(cid:272)isio(cid:374)s as i(cid:374)flue(cid:374)(cid:272)ed (cid:271)y a desi(cid:396)e fo(cid:396) fai(cid:396) (cid:396)esults through the development of rules rather than relying strictly on established legal principles. Social science evidence is important and third parties are allowed to submit material to the court. The legal dispute involves two parties, and in the common law system the judge acts as a passive referee that makes decisions based on submissions from the parties in an adversarial process. The facts presented by each party must follow an established legal procedure and involve who did what to whom. The judge arises at the result of a case by applying established legal principles to the case.