Litigants Interest Groups and the Media

Question 1

What is legal mobilization?

Answer 1

Process by which a legal system acquires its cases.

Question 2

Where do cases stem from?

Answer 2

1. Involvement of government officials
2. Citizen-initiated suits

Question 3

What are peacemakers?

Answer 3

Try to end disputes without diving into causes/intent

Question 4

What kind of cases do peacemakers settle?

Answer 4

Low-level crimes
Divorce or custody

Question 5

What are mediators?

Answer 5

Neutral party, but delve into issue to find a solution that BOTH sides can agree with.

Question 6

What types of cases do mediators help settle?

Answer 6

Divorce or custody

Question 7

What are arbitrators?

Answer 7

Have authority to issue binding determination that parties will agree to ahead of time.

Question 8

What are repeat players?

Answer 8

Party in frequent lawsuits with way more resources at their disposal

Question 9

What are one-shotters?

Answer 9

Individuals with less resources at their disposal

Question 10

What is routine administration?

Answer 10

Cases or matters that DO NOT involve question of law or a dispute

Question 11

What is the judge’s role in routine administration?

Answer 11

To provide authorization for an action to occur
(Uncontested divorce, probate a will)

Question 12

What is procedural adjudication?

Answer 12

Cases involving an actual dispute
(Torts, serious criminal law, etc)

Question 13

What are the four elements of procedural adjudication?

Answer 13

1. Judges and lawyers engage in search for applicable law
2. Process relies on rules of evidence
3. Exhaustive exploration of relevant questions of law and fact
4. Assumes parties are prepared and ready to go to trial (does not have to go to trial)

Question 14

What is decisional adjudication?

Answer 14

Cases with uncomplicated questions of law

Question 15

What is the role of judges in decisional adjudication?

Answer 15

Judges quickly establish facts and apply law to resolve matters

Question 16

Do parties have to have lawyers for decisional adjudication?

Answer 16

NO. Often involves parties without attorneys

Question 17

What is diagnostic adjudication?

Answer 17

Focused on determining root cause of issue and establishing plan to mitigate/eliminate cause

Question 18

What is traditional litigation?

Answer 18

Dispute between 2 individuals over events that have already occurred.

Question 19

What are the elements of traditional litigation?

Answer 19

1. Plaintiff seeking compensation for past wrongs
2. Self-contained judgement
3. ALL judicial involvement ENDS after case ends

Question 20

What is policy litigation?

Answer 20

Challenges to policies of institution or agencies

Question 21

What are the elements of policy litigation?

Answer 21

1. Multiple plaintiffs/defendants
2. Parties subject to change
3. Litigation involves past and future practices
4. Plaintiff seeking compensation AND change future behavior of defendant
5. Broader ramifications for society or industry outside of case
6. Continued participation after case ends

Question 22

What Supreme Court Decision established policy litigation?

Answer 22

Brown v. Board of Education (1954)

Question 23

What are interest groups?

Answer 23

collection of people who share some common interest or attitude, and make demands on other groups

Question 24

What type of litigation strategy do interest groups employ?

Answer 24

Long-term litigation
* short-term losses

Question 25

What resources do interest groups need?

Answer 25

1. Money
2. Support
3. Longevity
4. Expert legal staff
5. Extralegal publicity (being recognizable to non-lawyers)

Question 26

What is the Direct Sponsorship of Cases?

Answer 26

Interest groups getting involved with case from the very beginning

Question 27

What is a Test Case?

Answer 27

Interest groups seeking out the perfect plaintiff/defendant to push a policy objective through litigation

Question 28

Why is direct sponsorship of a case beneficial to interest groups?

Answer 28

Establishes trial record
Establishes strong appellate route

Question 29

What are Amicus Curie Briefs?

Answer 29

“friends of the court”
Argument/evidence/authority introduced to court by a person or group that has no right to appear in a particular lawsuit

Question 30

Why are amicus briefs important for SCOTUS?

Answer 30

SCOTUS grants Certiorari for 1 issue.
Amicus briefs can highlight other issues or perspectives

Question 31

What are Class Action Lawsuits?

Answer 31

Lawsuits brought by individual or group on behalf of ALL people who have been similarly situated politically, socially, or economically.

Question 32

Why are class action lawsuits beneficial?

Answer 32

Help pool what might otherwise be a “small” injury into a larger one.
This is more likely to change behavior of corporations

Question 33

Why are judicial nominees important to interest groups?

Answer 33

Prefer judges on the bench who are in favor of their causes or policies. (Particularly at appellate level)

Question 34

How does the media impact the judicial system?

Answer 34

Acts as gap fillers between judiciary system and the public

Question 35

When are court proceedings NOT public?

Answer 35

Grand jury hearings

Question 36

When would courtroom sketches be used?

Answer 36

When cameras are not permitted in the courtroom

Question 37

What is a gag order?

Answer 37

Ordered issue by judge that prohibits discussing case outside of courtroom by ALL courtroom actors present

Question 38

Why can the media be bad for trials?

Answer 38

No checks on the media
- can publish evidence inadmissible in court
- political commentators can discuss case before ever gets to trial
Creates issues with impartial juries

Question 39

How does social media impact judicial system?

Answer 39

Easier and faster access information