Question

Discuss whether judicial decisions are based on a) facts, laws, and precedent (the legal subculture); b) public opinion, politics, localism (democratic subculture); or c) both. Provide specific examples and cite any sources used.

Answer 1

Judicial decisions are based on a combination of facts, laws, precedent, public opinion, politics, and localism. The correct answer is option c).

Step-by-step explanation:

The question of whether judicial decisions are based on facts, laws, and precedent or public opinion, politics, and localism is a complex one. In reality, judicial decisions are often based on a combination of both factors. While judges are expected to base their decisions on the facts, laws, and precedent, they cannot completely ignore public opinion, politics, and localism.

An example of this can be seen in the Supreme Court's decision on same-sex marriage cases. The Court's denial to review these cases in 2014 allowed for differing outcomes on same-sex marriage across different states.