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Juridical Process vs. Judicial Process

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Let’s bring some order to these two similar terms. The juridical process relates to the administration of the law. The judicial process is the series of steps a legal dispute goes through in the court system. It deals with procedural issues, and it determines the roles of the judge and the jury in a courtroom. The judicial process also deals with the role and jurisdiction of individual courts over each type of law.

Juridical Process

The juridical process examines the philosophy and science of law, as well as its administration. It considers the body of law that governs society. The juridical process deals with administrative and theoretical matters, rather than procedures or individual cases. It serves as a guide for the judicial process.

The juridical process examines the meaning of the law and the theory behind it. It may try to determine the intent of the people who made the laws. The juridical process may study the law’s application and how its principles are to be applied. According to Hin-Yan Liu in Laws Impunity: Responsibility and the Modern Private Military, “In other words, the ordinary juridical process is understood as the mechanism of accountability.”

Judicial Process

The judicial process is the procedure for resolving disputes through the court system. Unlike the juridical process, it focuses on procedural rather than administrative matters. Procedural matters include scheduling, the time allowed for filing an appeal, and hearing motions. The judicial process deals with the matters before it, rather than with concepts. It may look to the juridical process for guidance.

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