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Decision reserved

  • 07-11-2012 5:44pm
    #1
    Closed Accounts Posts: 12,898 ✭✭✭✭


    In the supreme court challenge to the referendum the judge reserved his decision. I've seen this in other cases also.

    In layman's terms can anyone explain'
    1.What does it mean to "reserve decision"?.
    2.Why do they do it?.
    3.What does it mean in the long term for a case when its reserved?.


Comments

  • Registered Users, Registered Users 2 Posts: 1,169 ✭✭✭dats_right


    ken wrote: »
    In layman's terms can anyone explain'
    1.What does it mean to "reserve decision"?.

    Definition of reserve (as per Oxford Dictionary)
    (i) retain for future use; (ii) arrange for (a room, seat, ticket, etc.) to be kept for the use of a particular person; (iii) refrain from delivering (a judgement or decision) without due consideration or evidence.

    In practical terms, it simply means that the Judge did not deliver his/her decison immediately at the conclusion of the case, but will do so at a later date having had due time to give the matter full consideration.
    ken wrote: »

    2.Why do they do it?.

    Because of the importance of the matter it is better that the Judge gives same his/her full and due consideration rather then reaching a hastily reached immediate decision. It also enables the Court to prepare and deliver a full and detailed written decision setting out the reasons for the Court's decision, which is obviously not possible to do 'on the spot' at the end of a case.
    ken wrote: »
    3.What does it mean in the long term for a case when its reserved?.

    Nothing really, other than the Court's decision will probably be typed up and might be reported in the Law Reports and the decision referred to as a binding decision on future Courts hearing similar cases.


  • Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    ken wrote: »
    In the supreme court challenge to the referendum the judge reserved his decision. I've seen this in other cases also.

    In layman's terms can anyone explain'
    1.What does it mean to "reserve decision"?.
    2.Why do they do it?.
    3.What does it mean in the long term for a case when its reserved?.

    Reserved just means that the Judge is taking time to decide the issue. A reserved decision is usually then given as a written decision. The other way to give a decision is ex tempore that is given straight away after hearing the case verbally in court. A judge can also sometime give a verbal decision but then give written decision later.

    A judge does it if the issues are complex and the judge wishes to give a fully reasoned written decision.

    In the long term it means the decision and reasons will be given at a later date.


  • Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭NoQuarter


    In this case reserving the decision means they just want the night to consider it. Judgment will be given tomorrow in the SC.


  • Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    Thanks for the replies lads.


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