Exercise 13

TV

Now, Mrs. Andersen, about your work. I wonder what the most difficult part of it is.

H.A

Listening to the arguments and at the same time speculating over the major issues of the case. I have to structure a logical and balanced train of thought so that later I could prepare my decision.

TV

And you also have to decide what precedent to apply, don’t you?

H.A

Let’s make that clear. I surely apply binding judicial decisions where necessary. And in my case these are the decisions of High Court, Court of Appeals and the Supreme Court. But a judge doesn’t use the entire decision text. We apply only a certain part, the statements that match the facts of our case and establish a rule of law, and follow them in our reasoning.

TV

I see. The famous “stare decisis”. What other sources do you have to consider in preparing a judgment?

H.A

First of all, statutory sources. I mean appropriate Acts of Parliament. In some cases it can even be the only source of law for making a proper ruling. Certain civil cases have to be analyzed under either local ordinances or corporate rules and regulations.

TV

It may seem like a dumb question but how long does it take you to prepare a decision?

H.A

It depends on the case of course. Technically speaking, the process involves a lot of thinking. You think through each reason to base the decision on.

TV

Ah, that is why they use the word “reasoning” to describe the principle of decision making!

H.A

Not exactly. Legal reasoning is a complex process. First of all, it means considering and evaluating the facts. You cannot miss anything. You must think over every material fact, think hard about the arguments presented by the parties. In each case there is an issue or even there are some issues you have to tackle.

TV

I see. You have to examine legislation or analyze an appropriate court ruling to solve the issue and develop a decision.

H.A

Exactly so.