Module 4

Law and reasons: applying and interpreting the law, discretion and writing a judgment

Once the facts are found, the judge applies the law, and the part of the profession’s authority that is visible to the public is the judgment: the written or spoken explanation of what the court has decided and why. A good judgment does several things at once. It tells the parties who won and why, so that the loser can see that they were heard. It tells the profession and the public what the law is. It makes the decision open to review by a higher court. And it disciplines the judge, because an argument that cannot be written down clearly often turns out to be a bad argument. This module covers how judges find and interpret the law, how precedent and codes differ, how discretion is used and limited and how to structure and write reasons, with a Reasons Checker to test your own.

General education on the work of a judge across legal systems, using invented people, courts and cases. It is not legal or career advice. Judicial procedure, codes of conduct, standards of proof and routes to the bench differ between countries and change: check the rules that apply to you with the judicial authority and the profession.