So how do judges make decisions? The process typically begins with the judge reviewing the facts of the case and the arguments of the parties. The judge will also research relevant legal precedent to see how similar cases have been decided in the past. Based on all of this information, the judge will render a decision.

They make decisions using a test called the balance of probabilities. This means that your evidence has to be more believable than your partner's evidence. The judge can make a decision right at the end of the trial, after a short break, or some time later. When a judge waits to make a decision later, this is called reserving judgment.

On the one hand, judges decide by interpreting and applying the law, but much more affects judicial decision-making: psychological effects, group dynamics, numerical reasoning, biases, court processes, influences from political and other institutions, and technological advancement. All can have a bearing on judicial outcomes.