Which legal theory emphasizes decision-making processes in the courts?

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Study for the ASU CRJ100 Exam 1. Use flashcards and multiple choice questions with hints and explanations. Prepare effectively for success!

The theory that emphasizes decision-making processes in the courts is Legal Realism. This perspective focuses on how laws are applied in practice and recognizes that judicial decisions are influenced by social, political, and individual factors, rather than being purely based on abstract legal rules. Legal Realists argue that the law cannot be fully understood without considering the context in which it operates and how judges and courts interpret laws in real-life situations. This approach seeks to understand how legal outcomes are determined through the actual practices and experiences of the judicial system, making it particularly relevant when examining the dynamics of court decisions and their impact on society.

Legal Positivism, by contrast, asserts that law is a set of rules and norms established by the authority of a legal system, focusing on the existence of laws rather than their interpretation or application. Jurisprudence refers broadly to the philosophy of law and encompasses various legal theories, but it does not specifically emphasize the decision-making processes within the courts. Legal Pragmatism, while related to practical outcomes and consequences of legal decisions, does not specifically center on the processes by which courts reach their decisions.

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