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In other words, ratio decidendi is a legal rule derived from, and consistent with, those parts of legal reasoning within a judgment on which the outcome of the case depends. It is a legal phrase which refers to the legal, moral, political and social principles used by a court to compose the rationale of a particular judgment .
A value judgment (or normative judgement) is a judgment of the rightness or wrongness of something or someone, or of the usefulness of something or someone, based on a comparison or other relativity. As a generalization, a value judgment can refer to a judgment based upon a particular set of values or on a particular value system. A related ...
In the context of a legal trial, a judgement is a final finding, statement or ruling, based on evidence, rules and precedents, called adjudication (see Judgment (law)). In the context of psychology , judgment informally references the quality of a person's cognitive faculties and adjudicational capabilities, typically called wisdom .
(In other words, variance in how individuals, groups and societies define what is in accordance with their philosophically normative standards.) This has led philosophers such as A. J. Ayer and J.L. Mackie (for different reasons and in different ways) to cast doubt on the meaningfulness of normative statements of such a type.
By using the reasonable person standard, courts instead use an objective tool [weasel words] and avoid such subjective evaluations. [citation needed] The result is a standard that allows the law to behave in a uniform, foreseeable, and neutral manner [weasel words] [citation needed] when attempting to determine liability. [dubious – discuss]
A compromise verdict is a "verdict which is reached only by the surrender of conscientious convictions upon one material issue by some jurors in return for a relinquishment by others of their like settled opinion upon another issue, and the result does not command the approval of the whole panel", and, as such, is not permitted. [4]
In criminal law, mens rea (/ ˈ m ɛ n z ˈ r eɪ ə /; Law Latin for "guilty mind" [1]) is the mental state of a defendant who is accused of committing a crime. In common law jurisdictions, most crimes require proof both of mens rea and actus reus ("guilty act") before the defendant can be found guilty.
Suspension of judgment is used in civil law to indicate a court's decision to nullify a civil judgment. Motions to set aside judgments entered in civil cases in the United States district courts are governed by Rule 60 of the Federal Rules of Civil Procedure which opens with the statement, "On motion and just terms, the court may relieve a party or its legal representative from a final ...