Quiz 1

Question 1

Adversarial Legalism

Answer 1

Utilization of the legal system to acheive policy goals

Question 2

2 key charactaristics of adversarial legalism

Answer 2

1. Formal legal contestation
2. Litigant activism

Question 3

Costs and benefits of ad legalism

Answer 3

Costs:
Inefficient
Powerful courts-contestation
Law is complicated

Benefits:
Flexible
Checks on corruption
Enhances political legitimacy

Question 4

Participatory legal system

Answer 4

Reliant on public participation to vindicate legal rights

Question 5

Hierarchical legal system

Answer 5

Controlled by small group of bureaucrats

Question 6

Juridification

Answer 6

Actions to rid politics of ambiguity, replacing it with clear procedures

Question 7

Ex of juridification

Answer 7

Blocking function/command function

Brown v. Board, desegregation

Question 8

Private law

Answer 8

Laws thst act to benefit or protect legal rights of privage individuals

Question 9

Public law

Answer 9

Laws meant for general application

Question 10

Defining features of public litigation

Answer 10

Lawsuits are bipolar
Litigation is retrospective
Right and remedy are interdependent (proportionality)
Lawsuit is a self-contained dispute
Judges in neutral position to answer legal questions

Question 11

Political development of public litigation

Answer 11

Before 20th cen: individualism, gov’t should stay out of private disputes

Rise of industry and inequality in early 20th vhanged attitudes

Now poasibility of multiple parties on each side of a legal contest

Question 12

Equitable relief

Answer 12

Court ordering someone to do/not to do something

Ex. Injunction

Question 13

Equitable relief is…

Answer 13

Forward looking