Ch. 5-7 Flashcards
Case method of instruction
Reading appellate court opinions and being able to discuss it (from Harvard)
Litigating
Presenting a case before a judge or jury, small number of lawyers
“Cause” Lawyering
A small subset (conservative and liberal) that advocates the cause
Ex: Thurgood Marshall with the NAACP and Civil Rights
Pro Bono Publico
Lawyer working without fee
Assigned counsel
Court appointed lawyers
Public defender
Represents all criminal indigents in the jurisdiction and paid by local and state governments
Contingency Fee
If a lawyer wins a civil case he gets 1/3 of the settlement
Ex: John Edwards
State bar examination
A test to practice law in that state
Law clerk
Law student or lawyer that is employed by a judge for a short period of time to gain experience. Generally does legal research and writing for the judge.
Paralegal
Considered a professional without a law degree, conducts research and assists lawyers.
Ex: Della Street (Perry Mason)
Senatorial Courtesy
An informal rule that cause for the president to consult with senators from the state where an appointment is going to be made
Incumbent
Someone already in office at the time of an election
Ex: Donald Trump in 2020 election
Docket
Schedule of cases in court
Judicial Conduct Commission
Arms of states; attorney general, state supreme courts
Impeachment
Charges are brought against someone by the government
Legal mobilization
The process by which a legal system acquires its cases; most in the US are citizen initiated
Mediation
A third party suggests a settlement
Arbitration
A third party settles the dispute; often government or lawyers
Binding arbitration
Both parties must adhere to the arbitration
Procedural adjudication
A) 4 key elements:
1) judges and lawyers search for applicable law (often disagree on interpretation)
2) heavy reliance on formal rules of evidence
3) explore all relevant questions and facts or issues of law
4) assumes trial is an option
process is long and expensive
B) serious criminal case with heavy penalties; most likely to go to trial are the higher stakes cases
Routine Administration
Judge decides formal authorization for private settlement; the court has no disputed question or fact to settle
Tort
An injury, most common are car accidents
Decisional adjudication
The law is clear; it establishes the facts and applies the law, speed is important, often heard pro se
Diagnostic adjudication
Largely devoted to determining the cause of the problem and devising proper treatment to eliminate or litigate the problem
Ex: juvenile courts
Amicus Curiae Briefs
Friend of the Court; this person is not a direct party to a case, but makes its views known to the court
Class Action Law Suit
Multiple plaintiffs and/or defendants; want more than just monetary compensation for past wrongs; wants to impact the future
Ex: Big Tobacco
