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PoliSci 417 > Final > Flashcards

Final Flashcards

1
Q

advantages and disadvantages of civil
litigation

A

Advantages: Legally binding, court ordered
Disadvantages: Costly, Time consuming

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2
Q

alternatives to civil litigation

A

Negotiation: Discuss separately
Mediation: Third party to moderate
Arbitration: Can impose or enforce agreement

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3
Q

appellate process with discretionary and
mandatory jurisdiction

A

Mandatory jurisdiction: Must review case
Discretionary: May review case if they choose

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4
Q

case filtering process in criminal law

A

Not really sure what he’s asking. Cases are just kind of assigned

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5
Q

case screening (intermediate level appeals)

A

Appeals court takes all appealed decisions and renders a judgement. most don’t get oral arguments

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6
Q

changes to the federal judicial nomination
and confirmation process

A
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7
Q

characteristics of different legal careers

A

Government(public defenders, prosecutors, judges)
Private sector(Tax, Business, Defense)
So many different careers and possibilities

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8
Q

comparing social-science models of judicial behavior

A

Remember judicial philosophies:
Living constitution - Constitution changes
to suit times
Originalism - Do what founders intended
Judicial minimalism - develop precedent
slowly and incrementally over many
years and cases
Legal Pragmatism - Focus on
consequences of precedents set

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9
Q

courts and public opinion

A

Courts care about public opinion especially elected courts. Want the legal code to be as easily understood as possible without piles of precedents

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10
Q

crisis of volume (intermediate level appeals)

A

So many cases that it is hard to get through them all.

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11
Q

effect of a denial of certiorari

A

Court will not hear case. Previous ruling stands

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12
Q

effects of different types of Supreme Court
opinions

A

Can change or make law. Think Roe v Wade and Dobbs decision

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13
Q

effects of judicial selection on legal outcomes

A

Remember median voter theory. All judges are on a line from yes to no. if you take one out and put a new judge in further to one side the odds of which way the case will fall will change because the median judge may change and be more/less likely to choose one side or the other

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14
Q

elements of a crime

A

Mens Rea, Actus Rea, Concurrence

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15
Q

examples of important criminal rights

A

Right to attorney, Right to not self incriminate, Right to privacy, No unconstitutional searches and seizures

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16
Q

explanations for granting certiorari
(formal/legal and informal/social science)

A

Not satisfied with lower court answer, precedent conflicts, social impact, many others

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17
Q

explanations for panel effects

A
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18
Q

actors affecting whether the Senate confirms a nominee (federal lower court or Supreme Court)

A
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19
Q

factors that influence state judicial elections

A
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20
Q

formalism vs. realism

A

Formalism: Does what the law says does not consider impacts
Realism: Considers impacts of legal decisions made

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21
Q

formal procedure in criminal cases

A
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22
Q

functions of courts

A

Solve disputes, maintain order, uphold law

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23
Q

history and the law

A

Dawg that is like 5000 years of history. What do you want from me? Remember English Common law and it’s impacts on America I guess?

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24
Q

how law can modify behavior

A

Law can change social perceptions. In United States drinking age is 21 so some view drinking at age 20 as immoral. In Germany the drinking age is 16 so in that culture drinking at 20 wouldn’t be immoral at all.

25
Q

how law can promote economic efficiency

A

Laws or court decisions can make it easier for businesses to operate leading to higher economic efficiency

26
Q

how lower court judges can treat precedent

A

Bound by higher court precedent in their jurisdiction, not bound by other courts’ precedent outside of jurisdiction or at a level equal or lower to them. That precedent can still be persuasive

27
Q

how to become a lawyer

A

Do well in school, take the LSAT go to law school, take the bar exam.

28
Q

how to read a legal opinion

A

Use your eyes to look at the words on the page and interpret their meaning.

29
Q

how U.S. Supreme Court opinions are
produced

A

The judges get together and discuss the case then the chief justice enlists a justice to write the court’s opinion

30
Q

judgment of the court vs. opinion of the
court

A

No difference?

31
Q

judicial activism vs. judicial restraint

A

Judicial activism: Making precedents in order to make new law
Judicial restraint: Making decisions conservatively to avoid making new law

32
Q

justifications for different judicial
philosophies

A
33
Q

justifications for different social-science
models of judicial behavior

A
34
Q

justifications for the rights of the accused

A
35
Q

justifications for using precedent

A
36
Q

legal approach to judicial decision-making
limitations on the courts

A
37
Q

litigiousness in the United States
(explanations for and possible reforms)

A
38
Q

means of implementing judicial decision and
the limitations on the powers of courts

A
39
Q

median-voter theorem (how it relates
to judicial selection)

A

Remember the line thing

40
Q

methods of judicial selection (both
state and federal)

A
41
Q

mistakes of fact versus mistakes of law

A
42
Q

original intent vs. original meaning

A
43
Q

outcome mode vs. jurisprudential mode

A
44
Q

perspectives on judicial decision-making

A
45
Q

plea bargaining (positives,
negatives, alternatives, incentives)

A

Positives: Less cases go to trial, save money
Negatives: pressure to confess even in cases of innocence for a lighter sentence

46
Q

political litigation

A
47
Q

predicting convictions and length of sentence

A

Factors include severity of the crime, possible sentance,

48
Q

principal-agent problem in the client-lawyer
relationship

A
49
Q

purposes of criminal law

A

Protect people, preserve order, punish or rehabilitate people.

50
Q

reasons to appeal (or not to appeal) a case

A

Case was unfair, Rights violated, Disagree with lower court ruling

51
Q

reasons to use (or not to use) legislative
intent

A

Reasons to use: Legislature made the laws, courts are supposed to follow them
Reasons not to use: Laws are vague or need to be interpreted

52
Q

reforming the public defender system

A

Adding more public defenders or paying them more would take burdens off the system

53
Q

relations between the courts and other
branches of government

A

Checks and balances: President vetos laws, Judicial deem laws unconstitutional, Congress overrides veto, Judges interpret laws, etc.

54
Q

role of the bar association in the legal
profession

A

Bar association certifies lawyers and ensures they are fit to practice law.

55
Q

role of the prosecutor in criminal law

A

Prosecutor brings charges and must justify them and prove guilt in court to overcome the presumption of innocence

56
Q

spatial models of federal judicial
confirmation

A

Remember the line between the president’s endorsement compared to congresses ideology on whether they will confirm the president’s choice based on the judges ideology.

57
Q

trends in state judicial elections

A

Every state is different and has different issues and interest.

58
Q

trends in U.S. Supreme Court caseload
(volume and types of cases)

A

Supreme court has discretionary jurisdiction so they can have whatever caseload they choose

59
Q

types of mens rea requirements

A

purposefully, knowingly, recklessness,
criminal negligence, strict liability

PoliSci 417 (2 decks)

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