Role of Courts and Legal Actors
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Questions and Answers

Why is public perception of the Court being fair significant?

  • It contributes to the legitimacy and public support of the institution. (correct)
  • It affects the enforcement of Court decisions.
  • It improves the overall efficiency of the judicial system.
  • It increases the number of cases the Court can handle.

What is one challenge faced regarding the enforcement of Court decisions?

  • They need to be enforced by other branches of government. (correct)
  • They often require international support for legitimacy.
  • They rely on voluntary compliance from the public.
  • They must be enforced without any political influence.

How can exposure to Court functioning impact public perception?

  • It might lead to increased distrust in the judicial system.
  • It only affects those with legal backgrounds.
  • It can enhance the legitimacy of the Court. (correct)
  • It has no significant impact on public views.

What effect did Bush v. Gore have on the trust in the Court among different political groups?

<p>It led to increased support among Republicans and independents. (B)</p> Signup and view all the answers

What type of representation aims for the judiciary to resemble the demographics of the nation?

<p>Descriptive representation (B)</p> Signup and view all the answers

In what way can judicial decision-making be affected by diversity?

<p>Individual judges can have differential impacts based on their characteristics. (A)</p> Signup and view all the answers

What was the individual effect percentage increase linked to sex discrimination in workplace cases?

<p>+10% (C)</p> Signup and view all the answers

What is the term for the effect when the collective decisions of a diverse panel lead to representative outcomes?

<p>Panel effect (A)</p> Signup and view all the answers

What does the concept of 'stare decisis' imply in the judicial system?

<p>Previous judicial interpretations should guide future cases. (C)</p> Signup and view all the answers

Which of the following is NOT a way to treat precedent?

<p>Activating (C)</p> Signup and view all the answers

What is a potential problem with relying on precedent in judicial decisions?

<p>It may uphold unjust precedents. (C)</p> Signup and view all the answers

Which scenario best describes the term 'overruling' in relation to precedent?

<p>Replacing a previous decision with a new interpretation. (A)</p> Signup and view all the answers

What does the attitudinal model suggest about judicial decision-making?

<p>Judges' personal policy preferences influence rulings. (D)</p> Signup and view all the answers

Which of the following statements regarding the Fourth Amendment is true?

<p>It acknowledges that searches can be more intrusive based on circumstances. (D)</p> Signup and view all the answers

What is a significant constraint on lower court judges?

<p>They must follow all Supreme Court decisions. (B)</p> Signup and view all the answers

What is a common motivation for legislators in their decision-making process?

<p>To align with the interests of their constituents for re-election. (C)</p> Signup and view all the answers

What is one primary activity that lawyers engage in as part of their profession?

<p>Litigation (B)</p> Signup and view all the answers

How are lawyers charged for their services?

<p>By charging per 6 minutes (D)</p> Signup and view all the answers

What is the trend in salaries within the legal profession?

<p>Bimodal distribution (D)</p> Signup and view all the answers

Which of the following is not a way for lawyers to charge for their services?

<p>Monthly subscription fee (B)</p> Signup and view all the answers

What is one characteristic of the makeup of the legal profession?

<p>Diversity is low, with women at 38% (B)</p> Signup and view all the answers

What landmark case impacted prohibitions on attorney advertising?

<p>Bates v. State Bar of Arizona (A)</p> Signup and view all the answers

What does a contingency fee arrangement mean for lawyers?

<p>They only receive payment if they win the case or settle (D)</p> Signup and view all the answers

Which of the following best describes the general public's view on the legal profession?

<p>Often negative and skeptical (C)</p> Signup and view all the answers

What is a key characteristic of the legal model of judicial decision making?

<p>Decisions are significantly influenced by the facts of the case and law. (D)</p> Signup and view all the answers

What is a problem associated with the plain meaning or textualism approach in judicial decision making?

<p>Different interpretations of the same word can lead to conflicts. (A)</p> Signup and view all the answers

Which of the following describes legislative or framers intent in judicial decision making?

<p>Judges consult historical documents to determine the intent behind laws. (A)</p> Signup and view all the answers

What is one potential issue with relying on societal progression in judicial decision making?

<p>It can conflict with established legal principles. (A)</p> Signup and view all the answers

What method can enhance public trust in judicial rulings according to voter perspectives?

<p>Ensuring judges are elected periodically. (B)</p> Signup and view all the answers

What does the recusal requirement aim to address in judicial decision making?

<p>To prevent conflicts of interest by having judges step aside. (B)</p> Signup and view all the answers

What source could be consulted for determining the legislative intent behind a law?

<p>Historical letters, transcripts of congressional hearings, and the Federalist Papers. (C)</p> Signup and view all the answers

Why might anonymous donations be considered problematic in judicial campaigns?

<p>They can lead to potential conflicts of interest. (B)</p> Signup and view all the answers

What is the main goal of voir-dire in jury selection?

<p>To select an impartial, unbiased jury (A)</p> Signup and view all the answers

What type of challenge allows a lawyer to dismiss a juror without stating a reason?

<p>Peremptory challenge (A)</p> Signup and view all the answers

What must written solicitation content include according to professional conduct rules?

<p>A label indicating it is an advertisement (A)</p> Signup and view all the answers

In which circumstance would a challenge for cause be used in jury selection?

<p>When a juror has a personal connection to the case (B)</p> Signup and view all the answers

What does the Batson Rule address in jury selection?

<p>Challenges based on race or gender (D)</p> Signup and view all the answers

What is the usual verdict requirement in federal jury trials?

<p>Unanimous verdict is required (A)</p> Signup and view all the answers

Which group is considered a vulnerable population in the context of solicitation?

<p>Accident victims (A)</p> Signup and view all the answers

What is the typical jury size for a general trial?

<p>6-12 jurors (D)</p> Signup and view all the answers

What role do other branches of government play in enforcing court decisions?

<p>They can enforce decisions at their discretion. (A)</p> Signup and view all the answers

How might a president facing re-election approach judicial nominations?

<p>By selecting nominees who resonate with public opinion. (D)</p> Signup and view all the answers

What does research by Ura and Merrill suggest about public perception of the Supreme Court?

<p>Public support for the Supreme Court is strong and enduring. (A)</p> Signup and view all the answers

What is a characteristic of unified government as it relates to judicial confirmations?

<p>It typically facilitates stronger party loyalty. (B)</p> Signup and view all the answers

What did Gibson's research find regarding American loyalty to the Supreme Court?

<p>Americans show a moderate degree of loyalty to the Supreme Court. (D)</p> Signup and view all the answers

Why might a nominee who energizes supporters be particularly beneficial for a president?

<p>It increases the president’s chances of being re-elected. (A)</p> Signup and view all the answers

In the context of judicial nominations, how do senators relate to their constituents?

<p>They must balance party loyalty with constituency interests. (D)</p> Signup and view all the answers

What can be inferred about President Trump's concerns regarding re-election?

<p>His nominees do not need to resonate with public opinion. (A)</p> Signup and view all the answers

Flashcards

Judicial Decision Making

The process by which judges make decisions based on the facts of a case and the relevant laws.

Plain Meaning (Textualism)

Interpreting laws based solely on the literal words, without considering context or circumstances.

Legislative Intent

Interpreting laws considering the intentions of lawmakers when the law was created.

Appointment (judges)

The process of selecting judges for judicial positions.

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Nonpartisan approach to appointments

Selecting judges without political bias or party affiliation.

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Ethics Requirements for Judges

Rules and standards dictating the ethical conduct and behavior of judges to avoid potential conflicts of interest.

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Judicial Legitimacy

The public's perception of a court's authority to make legal decisions and its trustworthiness.

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Public Financing of Campaigns

Providing funding for elections from public sources instead of private donations to limit influence by donors.

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Stare Decisis

Previous judicial decisions guide future rulings.

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Judicial Precedent

Legal principles from prior court decisions.

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Attitudinal Model

Judges decide based on their policy preferences.

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Fourth Amendment

Protects against unreasonable searches and seizures.

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Probable Cause

Reasonable belief a crime has been or will be committed.

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Search Extent

The limits of a search (e.g., personal belongings, vehicle).

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Constraints on Judges

Factors limiting judges' decisions.

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Overruling Precedent

A higher court can reject a lower court's prior ruling.

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Court Legitimacy

The public's belief in the fairness and trustworthiness of the court, influencing the acceptance of its decisions.

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Court Enforcement

Court decisions need to be implemented by other branches of government, which involves political considerations and accountability.

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Court Awareness Impact

Increased public understanding of court processes can strengthen their perceived legitimacy and the rule of law.

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Public Perception of Bush v. Gore

The public's trust in the Supreme Court remained relatively steady even after the controversial Bush v. Gore decision.

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Descriptive Representation

The judiciary's composition reflects the demographics of the population it serves.

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Substantive Representation

Court decisions reflect the interests and perspectives of diverse groups in society.

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Individual Effect of Diversity

Differences in a judge's background might influence their decision-making, e.g., a female judge versus a male judge.

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Panel Effect

The presence of judges from various backgrounds on a panel can lead to different outcomes compared to a panel with judges from similar backgrounds.

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Solicitation

The act of trying to get someone to become a client, especially by lawyers.

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Targeted Direct Mail Ads

Legal advertisements sent directly to potential clients, often regarding specific types of cases.

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ABA Model Rules of Professional Conduct

A set of ethical guidelines for lawyers, including rules on advertising and client communication.

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In-Person Solicitation

Direct communication with potential clients in person, generally prohibited unless with prior relationship.

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Venire

The pool of potential jurors chosen for a case.

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Voir Dire

The process of questioning potential jurors before a trial to assess their biases and fitness.

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Challenge For Cause

An attorney's request to remove a potential juror due to a specific reason, like bias or connection to the case.

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Peremptory Challenge

An attorney's right to dismiss a limited number of potential jurors without stating a reason.

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Bimodal Salary Distribution

The salary distribution of lawyers typically has two peaks, with many lawyers making lower salaries (e.g., public defenders) and many others making significantly higher salaries (e.g., private practice).

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Lawyer Diversity

The legal profession faces a challenge in achieving diversity. While women make up 38% of lawyers, racial and ethnic minorities are underrepresented.

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Boutique Law Firms

High-profile and prestigious law firms known for specializing in specific areas of law and representing high-profile clients.

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Hourly Rate

A billing method where lawyers charge for their services based on the time spent working on a case, calculated at an hourly rate.

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Flat Fee

A fixed price agreed upon beforehand for specific legal services, regardless of the time spent.

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Retainer

A pre-payment made by clients to lawyers to secure their services and cover costs related to future work.

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Contingency Fee

A fee structure where lawyers only receive payment if they win a case or reach a settlement, usually taking a percentage of the awarded amount.

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Bates v. State Bar of Arizona

A landmark Supreme Court case that struck down prohibitions on lawyers' commercial advertising, recognizing advertising as a form of free speech.

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Electoral Influence

The impact of elections and public opinion on the selection of judges. Presidents often consider public approval and party support when choosing judges, particularly those facing reelection.

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Unified Government

When the same political party controls both the presidency and Congress. This can make it easier to confirm judges, as the party is likely to support the president's nominees.

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Gibson's Research

Gibson's study found that the Supreme Court has at least a moderate level of public trust and support from Americans.

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Ura & Merrill's Research

Ura and Merrill's research showed strong, lasting support for the Supreme Court, but not universal approval. People trust the Court more than other branches of government.

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Public Support for the Supreme Court

The general level of approval and confidence that the public has in the Supreme Court's actions and decisions.

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Republican Party of Minnesota v. White

The Supreme Court ruled that candidates for judicial office cannot make promises about how they will rule on future cases. This protects the impartiality of the judges.

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Study Notes

  • Constitutional law is based on the Constitution, usually broad, and difficult to amend. State constitutions can be more specific.
  • Statutes are laws passed by Congress, more specific than the Constitution, but still broad for interpretation.
  • Regulations are laws enforced by agencies or bureaucracies (e.g., EPA).
  • Executive orders are directives by the executive branch with temporary force of law. They can be overturned by later presidents or repealed by court decisions.
  • Court decisions are the most specific and numerous type of law. They create binding precedent and can have effects beyond the specific case.

Three Functions of Courts

  • Dispute resolution: allocates gains and losses.
    • Civil law disputes between plaintiffs and defendants include compensatory damage awards, punitive damages, and contractual obligations.
    • Criminal law disputes involve complainants and defendants, leading to prison sentences or probation.
  • Policymaking: higher courts and high-profile cases shape policy. Lower courts also contribute cumulatively.
  • Monitoring government: judicial review (e.g., Marbury v. Madison).

Court Organization in the US

  • Federal courts have a hierarchical structure with 12 regional Courts of Appeals and 94 district courts.
  • State courts also have a hierarchical structure with state supreme courts, appellate courts, and trial courts (review trial and appellate).
  • There are examples of Federal and State districts.

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Description

This quiz explores the various roles of courts and legal actors within the framework of constitutional law. You'll learn about the different types of laws, including statutes, regulations, executive orders, and court decisions. Additionally, it covers the essential functions of courts in dispute resolution and policy-making.

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