judical final Flashcards
(124 cards)
1
Q
What is a good model?
A
A model simplifies reality to explain or predict a specific phenomenon, focusing on key factors while excluding others.
2
Q
Key features of a good model?
A
Explanatory Power, Parsimony, Falsifiability, Generalizability.
3
Q
What is Explanatory Power?
A
Does the model explain what it claims?
4
Q
What is Parsimony?
A
Is the model the simplest way to explain the phenomenon? Does it use too many variables?
5
Q
What is Falsifiability?
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Can the model be disproven or contradicted by observations?
6
Q
What is Generalizability?
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Can the model be applied to other populations or occurrences?
7
Q
What is Ratio Decidendi?
A
The rationale for the decision, establishing a principle of law.
8
Q
What is Obiter Dicta?
A
Non-essential language in a judgment, which does not set precedent.
9
Q
Components of the Legal Model?
A
Plain meaning, legislative intent, and precedent.
10
Q
What is Plain Meaning?
A
Judges rest decisions on clear wording but face challenges due to ambiguous language.
11
Q
What is Legislative Intent?
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Construing statutes or the Constitution as the drafters intended, though historical records can be unclear.
12
Q
What is Precedent?
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Refers to applying previous case law, under the principle of stare decisis.
13
Q
Components of the Attitudinal Model?
A
Judges’ ideological preferences and the facts of the case.
14
Q
What are Goals, Rules, and Situations in the Attitudinal Model?
A
Judges act based on goals within rules and in various situations.
15
Q
What is Strategic Behavior in the Strategic Model?
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Judges make decisions strategically to achieve better outcomes, even if it means voting against their ideological preference.
16
Q
Example of Strategic Behavior?
A
Brennan’s vote in Craig v. Boren to avoid a worse outcome by compromising on sex discrimination doctrine.
17
Q
What is Arrow’s Impossibility Theorem?
A
A collective decision can’t be made without violating a key rule of collective decision-making.
18
Q
Difference between Compliance and Impact?
A
Compliance refers to adherence to a court decision, while impact refers to how decisions affect the broader population.
19
Q
Who is in the Interpreting Population?
A
Lower court judges who interpret decisions.
20
Q
Who is in the Implementing Population?
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Those who carry out the decision, like police officers.
21
Q
Who is in the Consumer Population?
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Those who benefit directly from the decision, such as criminal defendants.
22
Q
Who is in the Secondary Population?
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The broader public or interest groups who are indirectly affected.
23
Q
What can Congress do in response to judicial decisions?
A
Amend the Constitution, create statutes, or use verbal attacks and impeachment.
24
Q
What is Judicial Activism?
A
Judges may base their decisions more on personal opinions than on established law.
25
Example of Judicial Activism?
Courts that reinterpret constitutional provisions to address contemporary issues.
26
Discretion of Federal Judges?
They serve for life and are less likely to face political pressure.
27
Discretion of State Judges?
Often elected or appointed for fixed terms, requiring sensitivity to public opinion.
28
What is Vague and Ambiguous Language?
Lower courts interpret higher court rulings that may be vague or unclear.
29
Strategies for Lower Courts?
Defiance, Disposal on Technical Grounds, Narrow Application, Compliance.
30
What is Defiance?
Rarely used due to the high likelihood of reversal.
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What is Disposal on Technical Grounds?
Ruling on procedural issues rather than the substance of the case.
32
What is Narrow Application?
Applying a decision only to the specific case facts rather than broadly.
33
What is Compliance in lower courts?
Interpreting rulings as broadly as possible to support precedent.
34
What is Judicial Compliance?
Adherence to judicial decisions by those directly impacted by the ruling.
35
What is the Impact of Judicial Decisions?
The broader effect that a judicial decision has on individuals or groups not directly involved.
36
Example of Historical Non-Compliance?
Worcester v. Georgia, where the Supreme Court's decision was ignored by President Andrew Jackson.
37
What is Judicial Activism and its Implications?
Judges make decisions based on personal views, leading to controversial outcomes.
38
What is Sincere Voting?
Judges voting strictly according to their ideological preferences.
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What is Sophisticated Voting?
Judges voting strategically to achieve better outcomes.
40
What is Rational Basis Review?
The lowest standard of judicial scrutiny, determining if a law has a reasonable relationship to a legitimate government interest.
41
What is Intermediate Scrutiny?
Applied to laws involving 'quasi-suspect' classifications, requiring substantial relation to an important government interest.
42
What is Strict Scrutiny?
The highest level of scrutiny applied to laws classifying based on race or national origin.
43
What is the Legal Model?
Relies on strict adherence to legal texts and is generally seen as explanatory.
44
What is the Attitudinal Model?
Emphasizes judges' personal ideologies as the primary determinant of their decisions.
45
What is the Strategic Model?
Recognizes that judges may act strategically to achieve desired outcomes.
46
What is Sophisticated Voting?
A form of strategic behavior where judges vote in a way that doesn’t align perfectly with their personal preferences to achieve a better outcome.
## Footnote
Example: Justice Brennan's approach in Craig v. Boren, where he compromised on his preferred standard for sex discrimination.
47
What is Granting Certiorari?
The process where the Supreme Court decides whether to take up a case, with justices voting strategically based on policy goals.
48
What is Conference Voting?
A stage where justices meet to discuss cases before the final vote, allowing them to persuade others and make strategic decisions.
49
What is Opinion Writing?
The phase after a decision where justices may align with others or create compromises that influence the language of the decision.
50
What does 'Judges in Space' refer to?
The idea that judges’ decisions are influenced by case facts and their ideological preferences, plotted in a two-dimensional space.
51
What is the 'Pure' Attitudinal Model?
A model where case facts align with a judge’s ideological preferences, allowing decisions that match their personal ideology.
52
What is Utility Maximization in the strategic model?
The assumption that judges make decisions to best achieve their desired goals, such as policy influence or career advancement.
53
What are Transitive Preferences?
The assumption that judges have rank-ordered preferences, allowing for consistent decision-making even when compromises are necessary.
54
What are Institutional Constraints?
Rules that shape judges' interactions, limiting their choices and influencing their strategic behavior.
55
What is Arrow's Impossibility Theorem?
The assertion that it is impossible to arrive at a collective decision that fully reflects individual preferences without violating decision-making rules.
56
How do strategic, attitudinal, and legal models compare?
The strategic model accounts for personal ideologies, institutional rules, and strategic voting, offering a broader explanation of judicial behavior.
57
What is the Legal Model?
Best for explaining decisions based purely on legal principles, often criticized for ignoring ideology.
58
What is the Attitudinal Model?
Explains how judges’ personal ideologies shape decisions but may oversimplify judicial behavior complexities.
59
What is the Strategic Model?
Offers a comprehensive view by accounting for how judges balance personal preferences with strategic considerations.
60
What impact did Brown v. Board of Education have?
Played a pivotal role in ending segregation in schools, but concerns about the Court's conservative stance on racial equality have emerged.
61
What is the impact of Mapp v. Ohio?
Extended the exclusionary rule to the states, significantly affecting criminal due process.
62
What did Roe v. Wade establish?
Legalized abortion and set a major precedent for reproductive rights, though it has faced challenges over time.
63
What is the significance of Lawrence v. Texas?
Decriminalized sodomy, impacting public policy regarding sexual privacy and LGBT rights.
64
What is the compliance expectation for lower courts?
Lower courts are generally expected to follow precedents set by higher courts, though compliance can vary.
65
What is independent decision making in lower courts?
Lower courts may apply precedents selectively based on specific case facts and broader policy implications.
66
What is the difference between federal and state judges?
Federal judges have life tenure and less political pressure, giving them more discretion in rulings compared to state judges.
67
What are some judicial strategies judges can use?
Narrow application, disposal on technical grounds, and compliance to reinforce precedent.
68
How can Congress respond to judicial decisions?
By amending the Constitution or creating statutes to counteract decisions, although these can be challenged.
69
What is judicial activism?
Judicial activism refers to when courts make decisions based on personal beliefs or policies rather than strictly adhering to the law. It can lead to significant shifts in public policy.
70
What is an example of judicial activism?
Roe v. Wade (1973) legalized abortion, marking a landmark decision in the history of reproductive rights.
71
What is strategic decision-making in the judicial system?
Judges often vote strategically to achieve favorable outcomes, sometimes compromising their personal preferences.
72
What is the difference between specific support and diffuse support?
Specific support refers to temporary approval for particular decisions, while diffuse support refers to long-term support for the Court as an institution.
73
What influences judicial decision-making?
Judicial decisions are influenced by both the facts of the case and judges' ideological preferences.
74
What are internal limits on judicial power?
Internal limits are self-imposed limitations, such as the principle of judicial restraint, which suggests courts should avoid making policy decisions.
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What are external limits on judicial power?
External limits include checks by the executive and legislative branches, such as Congress amending the Constitution.
76
What is judicial restraint?
Judicial restraint advocates for limiting judicial intervention in political issues and adhering closely to the law.
77
What is judicial review?
Judicial review is the power of the judiciary to review laws and executive actions for compliance with the Constitution.
78
What is an example of judicial review?
Brown v. Board of Education (1954) declared state-sponsored segregation in public schools unconstitutional.
79
What is the principle of stare decisis?
Stare decisis is the principle that encourages courts to follow precedents to ensure consistency in the law.
80
How can judges treat precedent?
Judges can distinguish, limit, overrule, or expand precedent based on the circumstances of a case.
81
How does public opinion influence judicial decisions?
Public opinion can indirectly influence judicial decisions, as courts rely on their legitimacy to implement rulings effectively.
82
What is the political influence on judicial decision-making?
Judges may face pressures from elected officials or the public, especially in cases involving judicial elections.
83
What is court packing?
Court packing refers to the attempt to expand the Supreme Court by adding justices to achieve favorable policy outcomes.
84
What is the debate over legal vs. political decision-making?
The debate centers on whether judicial decisions are based purely on legal interpretation or influenced by political ideologies.
85
What challenges does the judicial system face?
Challenges include concerns about bias, transparency, and access to justice, which can undermine public confidence.
86
What is the role of the judiciary in protecting minority rights?
The judiciary plays a critical role in protecting minority rights, as seen in cases like Brown v. Board of Education and Obergefell v. Hodges.
87
What is judicial independence?
Judicial independence is the ability of judges to make decisions without fear of political interference.
88
What is judicial accountability?
Judicial accountability emphasizes that judges should be held responsible for their decisions, especially when perceived to overstep.
89
What is the role of judicial review in checks and balances?
Judicial review allows courts to assess whether actions by the executive or legislative branches align with the Constitution.
90
What is Judicial Restraint?
Judicial restraint is the idea that courts should defer to the legislative and executive branches whenever possible and avoid making decisions that could be seen as creating new laws or policies.
91
What is an example of Judicial Restraint?
One key example is the Court’s handling of economic regulation during the early 20th century, where it was reluctant to interfere with Congress or the President's actions in regulating business practices.
92
What is the Political Question Doctrine?
The Political Question Doctrine holds that certain issues are more appropriate for resolution by the executive or legislative branches rather than the courts.
93
What is a classic example of the Political Question Doctrine?
A classic example is Baker v. Carr (1962), where the Supreme Court held that issues of legislative apportionment were political questions, not for the courts to decide.
94
What is Judicial Policymaking?
Judicial policymaking occurs when courts, particularly the Supreme Court, interpret the Constitution and statutes in ways that set new precedents.
95
What are some controversial cases related to Judicial Policymaking?
Notable cases include Brown v. Board of Education (1954), Roe v. Wade (1973), and Obergefell v. Hodges (2015), which reshaped policy by expanding or limiting rights.
96
What is the process of Judicial Appointments?
Judicial appointments involve Presidents nominating candidates, which the Senate then confirms or rejects.
97
How do political ideologies influence Judicial Appointments?
Political ideologies often influence the selection process, as Presidents seek to appoint judges who align with their beliefs, impacting the Court's decisions for decades.
98
What are Amicus Curiae Briefs?
Amicus Curiae Briefs are submitted by individuals or organizations not involved in a case but interested in its outcome, providing additional perspectives or expertise.
99
What is an example of Amicus Curiae Briefs influencing a case?
In Brown v. Board of Education (1954), amicus curiae briefs from social scientists argued that segregation harmed African-American children, influencing the Court's decision.
100
What are Judicial Ethics?
Judges are held to high ethical standards to ensure impartiality and fairness in their decisions, governed by guidelines that cover behavior inside and outside the courtroom.
101
What are the Standards of Conduct for judges?
Standards of conduct ensure judges act in a manner that maintains public confidence, covering areas like recusal, financial disclosures, and interactions with officials.
102
How does judicial power vary in different legal systems?
In common law systems, judges have significant authority to interpret the law, while in civil law systems, judges have less flexibility and focus more on applying established codes.
103
What is the impact of judicial power in authoritarian regimes?
In authoritarian regimes, judges may be influenced or controlled by political leaders, limiting their independence.
104
What are High-Profile Cases?
High-profile cases involve national security, civil rights, or controversial social issues, attracting public attention and potentially influencing judicial decision-making.
105
What is the political sensitivity of High-Profile Cases?
Judicial decisions in high-profile cases can appear politically charged, requiring judges to balance legal principles with public trust.
106
How does discretion vary between federal and state judges?
Federal judges have life tenure and are less influenced by political pressures, while state judges, especially those elected, are accountable to the public and may be influenced by public opinion.
107
How does ambiguity in legal language help lower court judges?
Ambiguity allows lower court judges to interpret cases flexibly, applying the law to various fact patterns without strict constraints.
108
How can ambiguity hurt lower court judges?
Ambiguity can lead to inconsistent rulings, increasing legal uncertainty and the likelihood of appeals.
109
What strategies do lower court judges use during implementation?
Strategies include defiance, disposal on technical grounds, narrow application, and compliance with higher court rulings.
110
What are the costs of defiance as a strategy for lower court judges?
Defiance can lead to loss of legitimacy and independence, as higher courts may overturn or reprimand lower courts.
111
What are the benefits of compliance for lower court judges?
Compliance ensures consistency and upholds the integrity of the court system by reinforcing established precedents.
112
How can Congress respond to the courts?
Congress can amend the Constitution, pass new legislation, or confirm new judges to influence judicial decisions.
113
What is an example of Congress amending the Constitution in response to a court decision?
After Chisholm v. Georgia (1793), Congress passed the 11th Amendment to prevent citizens from suing states in federal court.
114
How can the executive respond to the courts?
The executive can use the bully pulpit, propose legislation, or nominate justices to influence judicial decisions.
115
What is an example of the President using the bully pulpit?
After Brown v. Board of Education (1954), President Eisenhower used federal forces to enforce school desegregation in Arkansas.
116
What are the impacts of judicial policy on racial equality?
Supreme Court decisions like Brown v. Board of Education (1954) mandated desegregation, leading to significant laws like the Civil Rights Act of 1964.
117
How has judicial policy impacted abortion rights?
Roe v. Wade (1973) legalized abortion, but subsequent rulings have altered aspects of abortion rights.
118
What role does public opinion play on the courts?
Public opinion can indirectly influence judicial decision-making, especially in high-profile cases, affecting the Court's legitimacy.
119
What are some internal limits on the courts?
Internal limits include judicial self-restraint and the principle of stare decisis, which guide judges to follow existing precedents.
120
What are some external limits on the courts?
External limits include the influence of the executive and legislative branches, as well as public opinion impacting the Court's legitimacy.
121
What is legitimacy in the context of the judiciary?
Legitimacy refers to the acceptance and recognition of the judiciary's authority and the belief that its decisions are valid.
122
Does public opinion influence judicial decision-making?
Yes, indirectly. Public opinion can influence the Court's decisions, especially in cases involving controversial social issues.
123
What is specific support?
Specific support refers to the public’s approval or disapproval of particular judicial decisions, linked to individual rulings.
124
What is diffuse support?
Diffuse support refers to long-term support for the judiciary as an institution, reflecting general trust in its ability to make fair decisions.
