Overview

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This free course, Judicial decision making, explains how judges decide cases. You will learn how judges make sense of evidence, and how they decide on fair outcomes in legal disputes. The course shows how the law constrains and influences judges, and what happens when the law is uncertain or contested. The course uses videos, practical examples, and interactive activities to explain and demonstrate each key idea.This OpenLearn course is an adapted extract from the Open University course W112 Civil justice and tort law.

Syllabus

1 Legal reasoning
2 Fact-finding
2.1 Everyday fact-finding
2.2 Legal fact-finding
2.3 Material facts
3 Decision making
4 Reasons
5 Bias in judicial decision-making
5.1 Empirical evidence
5.2 Feminist Legal Judgments Project
6 Precedent and interpretation
7 Sliding Doors and stare decisis
7.1 The Incorporated Council of Law Reporting
8 Precedent for prediction and persuasion
8.1 Ratio decidendi and obiter dicta
8.2 The judicial hierarchy
8.3 Analogy in law
9 Certainty and uncertainty
10 Do judges make law?
10.1 Judges as legislators
11 Consolidation quiz – Part 1
12 Consolidation quiz – Part 2

Reviews

5.0 rating, based on 1 Class Central review

4.8 rating at OpenLearn based on 4 ratings

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Sara Souissi @srxojv

### Review: Course on Judicial Decision Making by Open University The "Judicial Decision Making" course offered by Open University is an insightful and comprehensive exploration of the intricacies involved in how judges make decisions. This course…

### Review: Course on Judicial Decision Making by Open University

The "Judicial Decision Making" course offered by Open University is an insightful and comprehensive exploration of the intricacies involved in how judges make decisions. This course stands out for its engaging approach to a complex subject, making it accessible to both legal professionals and those with a general interest in the justice system.

The course is well-structured, beginning with foundational concepts in judicial reasoning and gradually progressing to more nuanced topics. It covers a range of critical themes, including the influence of legal precedents, the role of statutory interpretation, and the impact of external factors such as public opinion and political pressures on judicial outcomes. Each module is thoughtfully designed, blending theoretical knowledge with practical examples that illuminate the real-world implications of judicial decision making.

One of the course's strengths is its use of case studies. By analyzing landmark decisions, students gain a deeper understanding of the reasoning processes behind significant rulings. This practical approach encourages critical thinking, allowing participants to engage with the material actively and develop their analytical skills.

Additionally, the course fosters an interactive learning environment through discussion forums and collaborative assignments. This aspect not only enhances engagement but also provides a platform for students to share diverse perspectives, enriching the overall learning experience.

The instructional quality is high, with expert instructors who bring a wealth of experience and knowledge to the table. Their ability to clarify complex legal principles and stimulate thought-provoking discussions significantly enhances the learning process.

Overall, the "Judicial Decision Making" course by Open University is an excellent resource for anyone looking to understand the dynamics of the judicial process. It balances theoretical frameworks with practical insights, making it a valuable addition to any legal education or professional development program. Whether you are a law student, a practicing lawyer, or simply curious about the judicial system, this course offers valuable knowledge that is both relevant and impactful.

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