The ABA’s Litigation Update distinguishes between the two ways decision makers approach problems.
Harry Plotkin writes (excerpt):
When humans—especially in groups—are asked to solve intellective problems that have right and wrong answers, they utilize informational processing. They share facts and information with one another in an effort to find a solution, and facts are more persuasive than opinions in shaping decisions. On the other hand, when humans are asked to solve judgmental problems that involve ethical or value-laden judgments about what should be done, they use normative processing. They rely upon opinions, social pressure, and conformity to shape their decisions.
Some trials involve primarily intellective issues—whether a criminal defendant actually committed a crime, or whether a building has construction-related defects, for example. Other trials involve primarily judgmental issues—whether admitted conduct by a defendant in a business case should be interpreted as fraud, negligence, or the breach of a contract, for example. And many trials involve both types of issues—jurors in a personal injury case, for example, may be asked to render intellective (economic) damages and judgmental (non-economic and perhaps punitive) damages.