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Dissent Aversion In The United States Of America
Dissent aversion is the judicial phenomenon that implies that judges do not like dissenting opinions in the jurisdictions where they are possible nor do they like to dissent themselves. A common example is as follows: On a panel of three judges, only one feels strongly about the decision. One of the two remaining may side with the first judge, leaving the third judge with the option of dissenting on an issue they do not feel strongly about or siding with the majority.Posner, Richard A ''How Judges Think'' Harvard University Press 2007 pg 32 Judges dislike dissent for many reasons. Dissent aversion can come from these sources: *It frays collegiality (judges have to work together in the future). *It magnifies the majority opinion. *It is additional work. *It detracts from the significance of their own majority opinions. Dissent is more frequent in US federal courts of appeals where the number of judges is higher. According to some research, this is because the larger the court, the l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judge
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling in the case based on their interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and, typically, in an open court. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate. The presiding judge ensures that all court proceedings are lawful and orderly. Powers and functions The ultimate task of a judge is to settle a legal dispute in a final and publicly lawful manner in agreement with substantial p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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. Dissenting opinions are normally written at the same time as the majority opinion and any concurring opinions, and are also delivered and published at the same time. A dissenting opinion does not create binding precedent nor does it become a part of case law, though they can sometimes be cited as a form of persuasive authority in subsequent cases when arguing that the court's holding should be limited or overturned. In some cases, a previous dissent is used to spur a change in the law, and a later case may result in a majority opinion adopting a particular understanding of the law formerly advocated in dissent. As with concurring opinions, the difference in opinion between dissents and majority opinions can often illuminate the precise holding of the majority opi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Collegiality
Collegiality is the relationship between colleagues. A colleague is a fellow member of the same profession. Colleagues are those explicitly united in a common purpose and respect each other's abilities to work toward that purpose. A colleague is an associate in a profession or in a civil or ecclesiastical office. In a narrower sense, members of the faculty of a university or college are each other's colleagues. Sociologists of organizations use the word 'collegiality' in a technical sense, to create a contrast with the concept of bureaucracy. Classical authors such as Max Weber consider collegiality as an organizational device used by autocrats to prevent experts and professionals from challenging monocratic and sometimes arbitrary powers. More recently, authors such as Eliot Freidson (USA), Malcolm Waters (Australia), and Emmanuel Lazega (France) have said that collegiality can now be understood as a full-fledged organizational form. In the Roman Republic In the Roman Republi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Majority Opinion
In law, a majority opinion is a judicial opinion agreed to by more than half of the members of a court. A majority opinion sets forth the decision of the court and an explanation of the rationale behind the court's decision. Not all cases have a majority opinion. At times, the justices voting for a majority decision (e.g., to affirm or reverse the lower court's decision) may have drastically different reasons for their votes, and cannot agree on the same set of reasons. In that situation, several concurring opinions may be written, none of which is the view of a majority of the members of the court. Therefore, the concurring opinion joined by the greatest number of judges is referred to as the plurality opinion. Normally, appellate courts (or panels) are staffed with an odd number of judges to avoid a tie. Sometimes, and in some jurisdictions, when judicial positions are vacant or a judge has recused themselves from the case, the court may be stuck with a tie, in which case the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Publication Bias
In published academic research, publication bias occurs when the outcome of an experiment or research study biases the decision to publish or otherwise distribute it. Publishing only results that show a significant finding disturbs the balance of findings in favor of positive results. The study of publication bias is an important topic in metascience. Despite similar quality of execution and design, papers with statistically significant results are three times more likely to be published than those with null results. This unduly motivates researchers to manipulate their practices to ensure statistically significant results, such as by data dredging. Many factors contribute to publication bias. For instance, once a scientific finding is well established, it may become newsworthy to publish reliable papers that fail to reject the null hypothesis. Most commonly, investigators simply decline to submit results, leading to non-response bias. Investigators may also assume they made a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cognitive Dissonance
In the field of psychology, cognitive dissonance is the perception of contradictory information, and the mental toll of it. Relevant items of information include a person's actions, feelings, ideas, beliefs, values, and things in the environment. Cognitive dissonance is typically experienced as psychological stress when persons participate in an action that goes against one or more of those things. According to this theory, when two actions or ideas are not psychologically consistent with each other, people do all in their power to change them until they become consistent. The discomfort is triggered by the person's belief clashing with new information perceived, wherein the individual tries to find a way to resolve the contradiction to reduce their discomfort.Festinger, L. (1957). ''A Theory of Cognitive Dissonance''. California: Stanford University Press. In '' When Prophecy Fails: A Social and Psychological Study of a Modern Group That Predicted the Destruction of the World'' ( ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Selection Bias
Selection bias is the bias introduced by the selection of individuals, groups, or data for analysis in such a way that proper randomization is not achieved, thereby failing to ensure that the sample obtained is representative of the population intended to be analyzed. It is sometimes referred to as the selection effect. The phrase "selection bias" most often refers to the distortion of a statistical analysis, resulting from the method of collecting samples. If the selection bias is not taken into account, then some conclusions of the study may be false. Types Sampling bias Sampling bias is systematic error due to a non-random sample of a population, causing some members of the population to be less likely to be included than others, resulting in a biased sample, defined as a statistical sample of a population (or non-human factors) in which all participants are not equally balanced or objectively represented. It is mostly classified as a subtype of selection bias, sometimes sp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Confirmation Bias
Confirmation bias is the tendency to search for, interpret, favor, and recall information in a way that confirms or supports one's prior beliefs or values. People display this bias when they select information that supports their views, ignoring contrary information, or when they interpret ambiguous evidence as supporting their existing attitudes. The effect is strongest for desired outcomes, for emotionally charged issues, and for deeply entrenched beliefs. Confirmation bias cannot be eliminated, but it can be managed, for example, by education and training in critical thinking skills. Biased search for information, biased interpretation of this information, and biased memory recall, have been invoked to explain four specific effects: # ''attitude polarization'' (when a disagreement becomes more extreme even though the different parties are exposed to the same evidence) # ''belief perseverance'' (when beliefs persist after the evidence for them is shown to be false) # the ''irr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
