Chapter 2- The Legal System: Issues, Structure, and Players Key Terms

Adversarial system

A system of resolving disputes in which the parties, usually represented by counsel, argue and present evidence to a neutral fact finder, who makes a decision based on the evidence and arguments presented by the parties.

Attribution theory

A theory in social psychology focusing on people’s explanations for the causes of their behavior and the behavior of others.

Black-letter law

Basic principles of law generally accepted by courts and embodied in statutes.

Commonsense justice

Ordinary citizens’ basic notions of what is just and fair in contrast to the dictates of formal, statutory law.

Confirmation bias

A tendency to search for information that confirms one’s preconceptions.

Deliberative processes

Thought processes that involve mental effort, concentration, motivation, and the application of learned rules.

Distributive justice

Concerns about what is right or just with respect to the allocation of goods within a society.

Diversion

The practice of officially stopping or suspending a case prior to court adjudication (without a formal trial) and referring the defendant to a community education, treatment, or work program in lieu of adjudication or incarceration.

Euthanasia

The act of killing an individual for reasons that are considered merciful.

Extralegal factors

Influences that are legally irrelevant in that they cannot serve as evidence in a legal proceeding.

Extrinsic motivation

The desire to pursue goals that would please and impress others.

Inquisitorial system

The legal system in which the judge plays a very active role in determining the accuracy of evidence before the court (as contrasted with the adversarial approach, in which the judge is a more passive evaluator of evidence presented in a trial).

Intention

The offender’s frame of mind in committing a criminal act.

Intrinsic motivation

The pursuit of goals that involve internal or personal desires rather than external incentives.

Intuitive process

Incidents of spontaneous mental processing that are often acted on but not given careful thought or effort.

Legal formalism

The model holding (in contrast to legal realism) that legal decision makers dispassionately consider the relevant laws, precedents, and constitutional principles, and that personal bias has no part in decision making.

Legal realism

The model holding (in contrast to legal formalism) that judges view the facts of cases in light of their attitudes and values, and make decisions accordingly.

Motivated reasoning

A phenomenon in which one’s reasoning is directed by the desire to reach a certain conclusion. This may involve seeking out information that confirms a pre-existing belief.

Myside bias

A form of cognitive bias in which people evaluate information in a way influenced by their existing beliefs and attitudes.

Precedent

A ruling or opinion announced in a previous case that provides a framework in which to decide a current case.

Probabilistic estimates

Predictions about outcomes, made far in advance of the known outcome.

Procedural justice

The consideration of the fairness of the methods for resolving a dispute and allocating resources.

Self-determination theory of optimal motivation

Theory describing situational and personality factors that cause positive and negative motivation and, eventually, changes in subjective well-being.

Sunk-cost fallacy

Phenomenon in which there is reluctance to change a behavior or course of action because of prior heavy investment in it, even when changing would be beneficial.