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COURSE MANUAL
Name of the Elective Course
How judges judge
Course Instructor:
Associate Professor Agnieszka Gora
Fall 2020
(AY2020-21)
Elective
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This document is prepared by the course instructor and contains basic information relevant to the
execution of the course. It is the official record for all intends and purposes as far the elective
course, _____________________, is concerned.
This course manual can be used as a general guide to the subject. However, the instructor can
modify, extend or supplement the course (without tampering its basic framework and objectives)
for the effective and efficient delivery of the course. The instructor will provide students with
reasons for such changes.
Part I
Course Title: How judges judge
Course Code:
Course Duration: One Semester (15 Weeks)
No. of Credit Units: 4 Credits
Level:
Medium of Instruction: English
Pre-requisites:
Equivalent Courses:
Cross-Listed Course: (Response to this question is mandatory): Yes/No
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Part II
1. Course Description
Who is the judge? Who the judge is expected to be? How to be the good judge? How the judge
should render the judgement?
Court judgements have two basic functions: the judicial (internal) function, relevant for the
parties involved in the proceedings and for the second instance court; and the extrajudicial
(external) function relevant for the public, academic scholars studying court judgements, and
professional lawyers who analyze the tendencies within the judicature.
The extrajudicial function of a court judgements may be viewed as cognitive, educational,
influence-exerting, and frequently affecting the evaluation of judicial performance; both in
specific cases, as well as in relation to all court judgements in general.
The internal function served by the judgements of grounds is performed in each judgements and
it is treated as a way to communicate judges with parties of civil proceedings.
During classes we will try to answer who is the judge: communicator (of his point of view on the
case matter), analytic (of all circumstances of the case and its legal basis) or maybe law- maker
person.
Subtopics:
1) Who is the judge and who is he expected to be
2) Judge as a communicator or law-making person
3) What can we learn about role of the judge (analyzing selected courts judgements)
4) Moral and religious rules and their application during judgement
5) How does judge’s opinions could influence on his judgement
6) Objectiveness and impartiality of judge
7) The influence of computerization on judge’ position
2. Course Aims
The aim of the course is to present, how the judge analyses case, judges’ point of view and
judges way of thinking about cases. Knowledge about judging will help the student to prepare
themselves to be professional lawyer, to prepare relevant documents to the trial and present
his/her point of view in front of the court’ bench.
Subtopics:
1) Who is the judge and who is he supposed to be
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2) How to become a judge
3) Judge as a communicator or law-making person
4) What can we learn about role of the judge analyzing courts statements
5) Moral and religious rules and their application during judgement
6) How does judge’s opinions could influence on judgement
That course will bond on analyzing India’s and other country’s readings and judgements to
answer the main question, which is common all over the world: who is judge? Who judge is
supposed to be.
Students will compare the court’s achievements and ideas and try to find differences and
parallels between different court’s judges way of thinking. We also will try to find an answer on
the question about future of courts and judges especially.
The course is concerning on Indian and comparative civil procedure law
3. Teaching Methodology
Analyzing selected books and judgements
Writing essays
4. Intended Learning Outcomes
Course Intended Weightage Teaching and Assessment Tasks/ Activities
Learning Outcomes in % Learning
Activities
Knowledge of definitions 20%+10% Analyzing On-line classes attendance +
connected with role of the materials: classes work activities: seminars
judge readings, talking, participation in focus
judgements etc. groups discussions, analytical
comments and questions to the
content of the presented projects
Application above 20% Applying Preparing group (two students
mention definitions into knowledge from max) research project
research project classes’ activities presentation (preferable in power
points)
Repeating and 50% Preparing take – Written take-home an end-
consolidating definition home paper work semester exam
and institution connected as examination
with role of the judge in work
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Course Intended Weightage Teaching and Assessment Tasks/ Activities
Learning Outcomes in % Learning
Activities
modern civil proceeding
5. Grading of Student Achievement
To pass this course, students must obtain a minimum of 40% in the cumulative aspects of
coursework, e.g. internal assessments and final examination. End of semester examination will
carry 50 marks or 30 marks, as the case may be, out of which students have to obtain a
minimum of 30% to fulfil the requirement of passing the course.
Grade Sheet1
Percentage Grade Grade Grade Description
of Marks Value
80 and above O 8 Outstanding – Exceptional knowledge of the subject
matter, thorough understanding of issues; ability to
synthesize ideas, rules and principles and extraordinary
critical and analytical ability
75 – 79 A+ 7.5 Excellent - Sound knowledge of the subject matter,
thorough understanding of issues; ability to synthesize
ideas, rules and principles and critical and analytical
ability
70 – 74 A 7 Very Good - Sound knowledge of the subject matter,
excellent organizational capacity, ability to synthesize
ideas, rules and principles, critically analyse existing
materials and originality in thinking and presentation
65 – 69 A- 6 Good - Good understanding of the subject matter,
1
Under extraordinary circumstances, the JGU Academic Council or the JGU Deans’ Council can suspend the
grading criteria or make it optional. If the grading criteria are suspended, the policy which will be framed by the
School based on the decision of the said bodies will prevail over the grading criteria. However, whether a situation
is extraordinary or not will be decided by the said bodies only.
Format approved by the Academic Review Board, JGLS
Percentage Grade Grade Grade Description
of Marks Value
ability to identify issues and provide balanced solutions
to problems and good critical and analytical skills
60 – 64 B+ 5 Fair – Average understanding of the subject matter,
limited ability to identify issues and provide solutions to
problems and reasonable critical and analytical skills
55 – 59 B 4 Acceptable- Adequate knowledge of the subject matter
to go to the next level of study and reasonable critical
and analytical skills.
50 – 54 B- 3 Marginal- Limited knowledge of the subject matter and
irrelevant use of materials and, poor critical and
analytical skills
NEW COURSE LETTER GRADES AND THEIR INTERPRETATION
Letter Percentage Grade
Interpretation
Grade of Marks Points
P1 45 - 49 2 Pass 1: Pass with Basic understanding of the subject matter.
Pass 2: Pass with Rudimentary understanding of the subject
P2 40 - 44 1
matter.
Fail: Poor comprehension of the subject matter; poor critical and
F Below 40 0 analytical skills and marginal use of the relevant materials. Will
require repeating the course.
‘P’ represents the option of choosing between Pass/Fail grading
system over the CGPA grading system in the COVID 19 semester
P Pass in Spring 2020. The option is provided when students attain a
minimum of 40 percentage marks under the current grading
structure in a given subject.
Extenuating circumstances preventing the student from
completing coursework assessment, or taking the examination; or
where the Assessment Panel at its discretion assigns this grade. If
I Incomplete
an "I" grade is assigned, the Assessment Panel will suggest a
schedule for the completion of work, or a supplementary
examination.
6. Criteria for Student Assessments
Internal assessment of the participants will be based on the following criteria. In case any of the
participants miss the IA tests, alternative internal assessments will be conducted (Please specify
the alternative assessment)
Assessment Weightage Remarks
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Assessment Weightage Remarks
Activities: seminars talking, participation in 20 Marks Work with selected readings and
groups discussions, analytical comments judgements, demonstrating the
and questions to the content of the skills of connecting other legal
presented projects courses
On-line classes’ attendance 10 Marks Attendance at on-line classes from
the beginning to the end
Research project 20 Marks Preparing group (two students
maximum) research project
presentation
The duration of presentation from
20 to 30 minutes (preferable in
power points)
End Semester Examination 30 to 50 take-home exam
marks
Part IV
Course/Class Policies
Academic Integrity and Plagiarism
Learning and knowledge production of any kind is a collaborative process. Collaboration
demands an ethical responsibility to acknowledge who we have learnt from, what we have
learned, and how reading and learning from others have helped us shape our own ideas. Even our
own ideas demand an acknowledgement of the sources and processes through which those ideas
have emerged. Thus, all ideas must be supported by citations. All ideas borrowed from articles,
books, journals, magazines, case laws, statutes, photographs, films, paintings, etc., in print or
online, must be credited with the original source. If the source or inspiration of your idea is a
friend, a casual chat, something that you overheard, or heard being discussed at a conference or
in class, even they must be duly credited. If you paraphrase or directly quote from a web source
in the examination, presentation or essays, the source must be acknowledged. The university has
a framework to deal with cases of plagiarism. All form of plagiarism will be taken seriously by
the University and prescribed sanctions will be imposed on those who commit plagiarism.
Disability Support and Accommodation Requirements
JGU endeavors to make all its courses accessible to students. All students with any known
disability needing academic accommodation are required to register with the Disability Support
Committee
[email protected]. The Committee has so far identified the following conditions that
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could possibly hinder student’s overall well-being. These include: physical and mobility related
difficulties; visual impairment; hearing impairment; medical conditions; specific learning
difficulties e.g. dyslexia; mental health.
The Disability Support Committee maintains strict confidentiality on the matters under its
purview. Students should preferably register with the Committee during the month of
June/January as disability accommodation requires early planning. DSC will coordinate all
disability related services such as appointment of academic mentors, arranging infrastructural
facilities, and course related requirements such as special lectures, tutorials and examinations.
All faculty members are requested to refer students with any of the above-mentioned conditions
to the Disability Support Committee for getting them disability-related accommodation. Faculty
members are also requested to be sensitive to the needs of such students and cooperate with
Disability Support Committee and the School, extending students the necessary support by
maintaining utmost confidentiality of the matter.
Safe Space Pledge
This course may discuss a range of issues and events that might result in distress for some
students. Discussions in the course might also provoke strong emotional responses. To make sure
that all students collectively benefit from the course, and do not feel disturbed due to either the
content of the course or the conduct of the discussions. Therefore, it is incumbent upon all within
the classroom to pledge to maintain respect towards our peers. This does not mean that you need
to feel restrained about what you feel and what you want to say. Conversely, this is about
creating a safe space where everyone can speak and learn without inhibitions and fear. This
responsibility lies not only with students, but also with the instructor.
P.S. The course instructor, as part of introducing the course manual, will discuss the scope of the
Safe Space Pledge with the class.
Cell Phones, Laptops and Similar Gadgets
Available
Part V
Keywords Syllabus
Court, court system, justice, judge, judgement, civil procedure, rules, principles
Course Design and Overview (Weekly Plan)
Format approved by the Academic Review Board, JGLS
Week Topic and Reading/Course Materials
Description
1. Introduction to J.R. SCHMIDTHAUSER, JUDGES AND JUSTICES. THE FEDERAL APPELLATE JUDICIARY
a course, 1979, (CHAPTER 3)
familiarizing
with the aim of
the course
Internal
function of
judgements
2. Who’s the A. Tomkins, K. Applequist, Construct of Justice: Beyond Civil Litigation, in: B.H
judge? Who Bornstein, R.L. Wiener, R. Schopp, S.L. Willborn, Civil juries and civil jusitic
should he be? Psychological &Legal Perpectives, 2008 p.257-269
3. Judge as a Status of the judge. Connection between independence of judges and access t
communicator justice Keith J. Bybee, All Judges Are Political—Except When They Are Not
Acceptable Hypocrisies and the Rule of Law, 2010, Part I
4. Judge as law- Status of the judge. Connection between independence of judges and access to justic
making person Keith J. Bybee, All Judges Are Political—Except When They Are Not :
Acceptable Hypocrisies and the Rule of Law, 2010, Part I
5. Status of the CONSTITUTION OF INDIA
judge K. MATTESON AND P. H. RUSSEL, APPOINTING JUDGES IN AN AGE OF JUDICIAL POWER
CRITICAL PERSPECTIVES FROM AROUND THE WORLD
A. Sengupta and R. Sharma, Appointment of judges to the Supreme Court of Indi
Oxford University Press, New Delhi 2018
M. Suresh and S. Narrain, The shifting scales of justice. The Supreme Court in Neo
liberal India, New Delhi 2014
6. External HTTPS://CURIA.EUROPA.EU/JCMS/UPLOAD/DOCS/APPLICATION/PDF/2018
function of 05/FICHE_THEMATIQUE_-_CHARTE_-_EN.PDF
judgements.
7. What can we HTTPS://CURIA.EUROPA.EU/JCMS/UPLOAD/DOCS/APPLICATION/PDF/2018
learn about role 05/FICHE_THEMATIQUE_-_CHARTE_-_EN.PDF
of the judge Sangheta Ahuja, People, Law and Justice. Casebook on public interest litigation
analyzing Volume I, Delhi 1997
courts B. N. Cardozo, The nature of judicial process, Delhi 2010
statements
8. Moral and B.H. BORNSTEIN, R.L. WIENER, R. SCHOPP, S.L. WILLBORN, CIVIL JURIES AND CIVI
religious rules JUSITICE. PSYCHOLOGICAL &LEGAL PERPECTIVES, 2008, SECTION I
and their K. Matteson and P. H. Russel, Appointing judges in an age of judicial Power. Critic
application perspectives from around the world
during
judgement.
How does
judge’s
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opinions, sex,
religion,
education,
social
background
could influence
on judgement
9. How a judge A.GOODMAN, HOW JUDGE DECIDE CASES: READING, WRITING AND ANALYSIN
decides cases? JUDGEMENTS, 2009, PART 1
R.A. Posner, How judges think
B.H. Bornstein, R.L. Wiener, R. Schopp, S.L. Willborn, Civil juries and civil jusitic
Psychological &Legal Perpectives, 2008, section I
10. Judgements: A.Goodman, How Judge Decide Cases: Reading, Writing and Analysin
How to read Judgements, 2009, PART 7
judgements? R.A. Posner, How judges think
11. How far a judge A.Goodman, How Judge Decide Cases: Reading, Writing and Analysin
can be from Judgements, 2009, PART 7
legal acts, and R.A. Posner, How judges think
how close he R.A. Posner, Reflections on Judging
can be to rules A. Kumar Haza and B. Debroy, Judicial reforms in India. Issues and aspects, Ne
of law? Delhi 2007
JUDICIAL INDEPENDENCE AND ACCOUNTABILITY: PRESSURES AN
OPPORTUNITIES,https://www.judiciary.uk/wp-
content/uploads/JCO/Documents/Speeches/beatsonj040608.pdf
Sangheta Ahuja, People, Law and Justice. Casebook on public interest litigation
Volume I, Delhi 1997
B. N. Cardozo, The nature of judicial process, Delhi 2010
12. Does society Judgements of India’s and Europeans courts
should demand R.A. Posner, Reflections on Judging
respecting A. Kumar Haza and B. Debroy, Judicial reforms in India. Issues and aspects, Ne
moral and Delhi 2007
religious rules JUDICIAL INDEPENDENCE AND ACCOUNTABILITY: PRESSURES AN
in the process OPPORTUNITIES,https://www.judiciary.uk/wp-
of judging? content/uploads/JCO/Documents/Speeches/beatsonj040608.pdf
13. The influence Judgements of India’s and Europeans courts
of R.A. Posner, Reflections on Judging
computerization
on judges’
position. If
computerization
or digitalization
of civil
procedure will
end the
common status
of judges?
Format approved by the Academic Review Board, JGLS
14. Does society Judgements of India’s and Europeans courts
still need R.A. Posner, Reflections on Judging
judges?
15. Review and
Revision
Part VI Relevant Readings
B.H. Bornstein, R.L. Wiener, R. Schopp, S.L. Willborn, Civil juries and civil jusitice.
Psychological &Legal Perpectives, 2008,
Keith J. Bybee, All Judges Are Political—Except When They Are Not : Acceptable Hypocrisies
and the Rule of Law, 2010
John R. Schmidthauser, Judges and justices. The federal Appelate Judiciary, 1979
Mark Tushnet, Weak courts, Strong rights, 2008
Ho Hock Lai, A Philosophy of Evidence Law, 2008
T. Brooks (editor), The right to a fair trial, 2009
P. Darbyshire, Sitting in Judgement. The working Lives of Judges
W. E. Burger, Delivery of Justice
D. Meagher, Judge sentences. Tales from the bench
A. Barak, The judge in a democracy, Princeton 2006
K. Matteson and P. H. Russel, Appointing judges in an age of judicial Power. Critical
perspectives from around the world
C. Guarnieri and P. Pederzoli, The power of judges. A comparative study of courts and
democracy, Oxford 2003
Sangheta Ahuja, People, Law and Justice. Casebook on public interest litigation. Volume I,
Delhi 1997
B. N. Cardozo, The nature of judicial process, Delhi 2010
G. C. Venkata Subbarao, Jurisprudence and legal theory, Lucknow 2008
M. R. Damaska, The faces of justice and state authority, Yale 1986
O. Chinnappa Reddy, The court and the Constitution of India. Summits and shallows, Oxford
University Press, New Delhi 2008
R.A. Posner, How Judges Think
Format approved by the Academic Review Board, JGLS
R.A. Posner, Reflections on Judging
A. Sengupta and R. Sharma, Appointment of judges to the Supreme Court of India, Oxford
University Press, New Delhi 2018
M. Suresh and S. Narrain, The shifting scales of justice. The Supreme Court in Neo-liberal India,
New Delhi 2014
H. Jacob, E. Blankenburg, H. M. Kritzer, D.M. Provine, J. Sanders, Courts, Law and Politics in
Comparative Perspective, Yale 1996
A. Kumar Haza and B. Debroy, Judicial reforms in India. Issues and aspects, New Delhi 2007
JUDICIAL INDEPENDENCE AND ACCOUNTABILITY: PRESSURES AND
OPPORTUNITIES,https://www.judiciary.uk/wp-
content/uploads/JCO/Documents/Speeches/beatsonj040608.pdf
THE CONCEPT OF JUDICIAL INDEPENDENCE, https://www.lawteacher.net/free-law-
essays/constitutional-law/the-concept-of-judicial-independence-law-essay.php
INDEPENDENCE AND IMPARTIALITY OF JUDGES, PROSECUTORS AND LAWYERS,
https://www.ohchr.org/Documents/Publications/training9chapter4en.pdf
D. Harris, M. O'Boyle, C. Warbrick, Law of the European Convention on Human Rights, Oxford
2006
R. Clayton, H. Tomlinson, Fair trial Rights, Oxford 2006
P. van Dijk, F. van Hoof, A. van Rijn, L. Zwaak (ed.), Theory and Practice, 2006
Judgement of ECHR case Baka v. Hungary
https://hudoc.echr.coe.int/eng#{%22itemid%22:[%22001-144139%22]}
Judgement of ECHR case Olujic v. CroatiaCharles Gardner Geyh, What's Law Got to Do With
It? : What Judges Do, Why They Do It, and What's at Stake, Stanford University Press. 2011
D. Harris, M. O'Boyle, C. Warbrick, Law of the European Convention on Human Rights, Oxford
2006
R. Clayton, H. Tomlinson, Fair trial Rights, Oxford 2006
P. van Dijk, F. van Hoof, A. van Rijn, L. Zwaak (ed.), Theory and Practice, 2006
Judgement of ECHR from 22.6.2000 r. case Coëme and others v. Belgium
Judgement of ECHR from 16.9.1999 r., case Buscemi v. Italy
Judgement of ECHR from 11.1.2007 r. case Herbst v. Germany
Judgement of ECHR from 15.3.2007 r. case Gheorghe v. Romania
Judgement of ECHR from 28.6.2007 r. case Wagner and J.M.W.L. v. Luxembourg
Judgement of ECHR from 8.4.2008 r. case Grădinar v. Moldova
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