Legal Definitions - judicative

Judicative

The term judicative refers to the power, function, or process of making a formal judgment or decision, especially when based on evidence, arguments, or established rules. It describes anything that involves the act of judging or determining an outcome, similar to the more commonly used term adjudicative. This function is typically associated with courts, tribunals, or other bodies authorized to resolve disputes or make authoritative rulings.

Here are some examples:

• Example 1: Regulatory Commission Hearings

  A state's Public Utilities Commission holds a hearing to determine if a utility company has violated environmental regulations. After reviewing testimony from experts, evidence presented by both sides, and legal arguments, the Commission issues a ruling that includes a significant fine against the company. This ruling demonstrates the Commission's judicative function, as it involved evaluating facts and applying rules to reach a formal, binding decision.

• Example 2: Professional Licensing Board Decisions

  A medical licensing board investigates a complaint against a doctor regarding professional misconduct. After conducting interviews, reviewing patient records, and holding a formal hearing, the board decides to suspend the doctor's license for a period. The board's action in weighing the evidence and making a definitive ruling on the doctor's professional standing is an exercise of its judicative authority.

• Example 3: Sports Arbitration Panels

  An international sports arbitration panel is convened to resolve a dispute between an athlete and a national sports federation over a selection decision for an Olympic team. Both parties present their cases, and the panel, acting as an independent body, evaluates the arguments and evidence against the federation's rules. The panel's final, binding decision on whether the athlete should be included on the team illustrates its judicative role in resolving the dispute.