Chapter 7- Mobilizing the Law

Question 1

Legal mobilization

Answer 1

how do we take problems as an issue, and find if its a legal question that needs to be resolved.

(process by which the legal system gets its cases)

Question 2

3 sets of groups

Answer 2

governments, citizens, and groups

Question 3

Governments

Answer 3

not monolithic, still moving

Question 4

Groups

Answer 4

interest groups//corporations

[the reason they go to the courts is different than citizens]

Question 5

Why does legal mobilization matter?

Answer 5

1. Rights questions/liberties
2. “I am owed $”
   (branches in contracts or other real property)
3. Right specific problems
4. General policy change
   (R$RP)

Question 6

Most disputes do not turn into___________, they turn into ___________

Answer 6

lawsuits

third party decisions

Question 7

Party Capability

Answer 7

is important because some litigants possess resources and advantages that the plaintiff does not. [have and have-nots]

Question 8

Civil side

Answer 8

government sues person for not paying their taxes

Question 9

3 types of decisions lawyers to make

Answer 9

procedural, decisional, diagnostic

Question 10

Adjudicatory process

Answer 10

types of decisions lawyers can make

Question 11

Routine administration

Answer 11

Court has no disputed question of law or fact to decide; the court merely processes and approves undisputed matters

ex) uncontested divorces

Question 12

Procedural Adjudication

Answer 12

search for law, formal evidence rules, legitimate resolution of the case, prepare for a potential trial

presumes all actors are ready for trial

Question 13

Tort procedural adjudication

DFS

Answer 13

discover facts, file motions, but usually settle out of court

Question 14

Decisional Adjudication

Answer 14

law is clear, facts straightforward: quickly apply the law, usually pro se, small claims

Question 15

Diagnostic Adjudication

Answer 15

discover cause of problem and fix it, winners/losers rather than guilt/innocence, appears in juvenile court, drug court, little guidance from the law

Question 16

pro se

Answer 16

representative themselves

Question 17

Traditional Litigation

Answer 17

single plaintiff v. single defendant, events in the past, seeking compensation, only affects those in the suit, judicial involvement ends with a decision (divorce, small claims)

Question 18

Policy Litigation

Answer 18

many plaintiffs/defendants, conflicting views within parties are possible, future-oriented, compensation and potential punitive damages, broad ramifications, involvement continues past the decision

Question 19

Interest Groups in Court

Answer 19

• Interest groups also sue to promote a public policy that is in favor of their members.
  Ex) NAACP- sponsors lawsuits to desegregate schools
  Why do they litigate: politically disadvantaged in traditional forums or they are disadvantaged in the judicial arena.
• increasing in the state courts, and some to federal.

Question 20

Interest Group’s resources (4)

Answer 20

1. Money
2. Support from other organizations (private interest groups/Fed.government)
3. Longevity (bring a # of lawsuits over a period of time) & Legal Staff
   Expert legal staff allows a group to keep abreast of ongoing case law and select appropriate cases for group intervention
4. Extralegal publicity

Question 21

Strategies of Interest Groups (DACJ)

Answer 21

1. Direct Sponsorship
2. Amicus Curiae Briefs
3. Class Actions
4. Judicial Nominations

Question 22

Direct Sponsorship

Answer 22

interest groups choose cases to get involved in to see what political issues are best to argue, using test cases

Question 23

Amicus Curiae Briefs

Answer 23

friend of the court: parties that are not directly involved in a suit can send a brief on behalf of or against a particular side in a case, not expensive but not super effective

• different cases are for lower-court decision-making
• policy oriented information (they hear information about how this case could impact society)

Question 24

Solicitor General office

Answer 24

will ask them to have the government positions

Question 25

Legal Defense Funds (3 characteristics)

Answer 25

(C$B)

1) take on cases as the party’s lawyer (look for situations that they are lobbying/ they can change the court for an individual)
2) raise $ to pay for attorneys and courts
3) Amicus Briefs

Question 26

Defendant: one shot vs. one shot

Answer 26

neutral

Question 27

Defendant: one shot vs. repeat players

Answer 27

• Tort- private cases: one shot advantages
• Going against the government not the same as corporations
• Others- slant to government depends on time

Question 28

Defendant: repeat players vs. one shot

Answer 28

• Changes advantage structure

- Repeat player disadvantage

Question 29

Defendant: repeat vs. repeat

Answer 29

even matched

Question 30

Example about Amicus Briefs

Answer 30

if a doctors get sued while performing an abortion, how will this impact women’s reproductive rights.

Question 31

Class Action Lawsuits

Answer 31

brought forward by a person or interest group on behalf of others similarly positioned, like brown v. board, restricted to over $5 million in damages and must be multi-state

Question 32

Judicial Nomination

Answer 32

**public endorsed/dispute judges
At the Appellate level where the judges are likely to hear policy-oriented lawsuits and may have some discretion over the Court’s docket, it is advantageous to interest groups to have judges who share their philosophical orientation.

Question 33

The Media (pros)

Answer 33

• we want to know what our government is doing (openness as a value of democracy)
• holding the courts accountable
• bring light to an issue that many people have been facing …educates….increasing the efficacy

Question 34

The Media (cons)

Answer 34

• hard to find jury that is impartial if a coverage of an issue is online
• public pressure makes neutral arbitration difficult
• weaponizing coverage

Question 35

Spinning the Law

Answer 35

the intersection of law, public opinion, and the media