Older ****: law and politics are unrelated. **Courts have neither force nor will, merely judgment. Newer ****: law and politics are identical; therefore legal reasoning is merely a justification for judges public policy preferences. **Jones/Clinton Case ex – led by political beliefs.

A system by which society makes choices that allocate its scarce resources and organize relations among individuals and institutions in order to achieve predictability in business and personal affairs. *includes the rules of conduct that govern human relations. **A system (special language, rules that apply, public attitudes.

The acquisition, retention, and exercise of power for the purpose of collective action. That action allocates the benefits and the burdens of life in civil society. **who gets what, Jugwhen , and how – means for making decision/basis for decision.

American law grew out of the **** law of England. The colonist brought to North American in the 17^th and 18^th centuries. “Judge made law”. It evolved through court decisions that created legal rules and principles that shaped outcomes in later, similar cases. Gradually became American laws of contracts, property, and torts.

aka public policy preferences. The term "****” often refers to a general view, or specific ethic, political belief or attitude, about politics that does not necessarily belong to the technical discipline of philosophy. **liberal, conservative, political in nature

judges views  about the way in which law should develop and about the role that courts should play in the American political system. **what judges are supposed to do, role constitution should play.

American legal system is based on a system of federalism, or decentralization. While the federal government itself possesses significant powers, the individual states retain powers not specifically enumerated as exclusively federal.

The original organic law of the United States, which granted most of the power to the states, as it denied the newly formed federal government the power to levy taxes, raise troops, and regulate commerce, all of which constitute the basic elements of sovereignty. The document proved a severely delimited and unworkable document for the federal government and was later replaced by the U. S. Constitution. **Constitution was written in response to the ****  Government could only regulate in certain areas.

The defendant pleads guilty, usually to a lesser charge than he originally faced, and pays a fine and/or accepts some form of punishment (i.e. jail, probation, home confinement, suspension of a driver’s license). **giving up rights, reduced sentence, does not have to take a chance in court. Judge is safeguard, ensures person knows what they are pleading to.

The lowest court in a unified court system. **** are the first courts to hear cases. They resolve cases by determining the facts and then applying relevant law to the facts. *decide on both questions of law and questions of fact.

consider civil claims up to a specified dollar amount, crimes punishable by less than one year in jail and a $1000 fine, traffic, family, estate, juvenile, and small claims cases. **civil, criminal specific, fine, time, etc..

Bread and butter – serious matters. Named: superior court, district court, county court. These courts hear both criminal and civil cases.

Hear appeals by parties who lost in the trial courts. **** determine whether trial court proceedings were fair. Ensure the law was carried out correctly. **Correct errors of law. Panel of judges, generally three review – to win 2 out of three must agree. Decide only on questions of law.

District Courts have ****, which means that they hear cases in the first instance, not on appeal, in both civil and criminal matters.

2 meanings. 1) formal power of a court to exercise judicial authority over a particular matter. 2) May speak of matters being within or beyond the ****  of any other government entity.

“Let it Stand”. Depends on 2 factors. 1) Jurisdiction, geographic region from which the case in question arose (state court ? state, federal court, ?district/circuit). 2) Court Hierarchy – the level of the court in which the case arose. **these are important because the doctrine only applies only with respect to cases decided within the same jurisdiction and by a higher level court.

If the court finds that the issues of law and fact are similar as a legal matter, then the court will most likely **** to the earlier case and apply the precedent to the latter case.

If the court finds that the issues of law and or fact are dissimilar from a legal perspective, then the court will probably not apply the precedent.

a group of local citizens is the fact-finder in most trials.

”judge-made law”. Cases are legal determinations based on a set of particular facts involving parties with a genuine interest in the controversy.

The place in which a case will be brought.The locality where a crime is committed or a cause of action occurs. The locality or political division from which a jury is called and in which a trial is held.

Filed by the plaintiff to commence the lawsuit. A civil **** initiates a civil lawsuit by setting forth for the court a claim for relief from damages caused, or wrongful conduct engaged in, by the defendant. The complaint outlines all of the plaintiff's theories of relief, or causes of action (e.g., Negligence, Battery, assault), and the facts supporting each Cause of Action. The **** also serves as notice to the defendant that legal action is underway. The Federal Rules of Civil Procedure govern construction of complaints filed in federal courts.

the most common route to the Supreme Court. The judiciary act of 1925 gave the court discretion to grant or deny a petition for ****. If four justices decide to grant ****, the court requests a certified copy of the case’s written record from the lower court and places the case on its docket.

All acts of government are subject to review in the courts and that no person is beyond the court’s jurisdiction.

The **** system makes every criminal trial both a competition and a search for truth. The philosophy of the **** system holds that the truth is most likely to emerge when the state and the defendant argue their respective causes aggressively, within the bounds of the law and professional ethics, before an impartial jury.

Free legal work.

Designed to cover medical expenses, lost wages, etc. Amount of money adequate to **** for any actual damages caused by the party against whom they awarded. Also awarded for things that are harder to measure, such as pain and suffering.

Designed to change the defendant’s behavior. Intended to punish the party who must pay damages.

They typically provide  that the plantiff’s lawyer will pay the expenses of the lawsuit from discovery through trial, if necessary. When the case is resolved, the lawyer will receive one-third of any amount that the plaintiff receives from a settlement or a verdict plus reimbursement for expenses.

A criminal inquisitory proceeding conducted to determine whether a public officer should be charged by the lower house, i.e. the House of Representatives and tried by the upper house of the legislature, i.e. the Senate which functions as the jury. The House of Representatives functions much like a grand jury, determining whether to file articles of **** (the functional equivalent of an indictment or true bill) against a public official. The **** trial is conducted by the Senate, and in the federal government is overseen by the chief justice of the Supreme Court.

A tradition that influences modern law. The Puritans believed that the most important purpose of law was to protect individual freedom. They also believed that individuals should be free to choose how to live their lives and government should not coerce them in those matters. The Puritans also believed that people must accept the consequences of their choices; they should not expect government to rescue them from foolishness.

The concept that the judiciary needs to be kept away from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government, or from private or partisan interests. **** is vital and important to the idea of separation of powers.

In governance, **** has expanded beyond the basic definition of "being called to account for one's actions.”It is frequently described as an account-giving relationship between individuals, e.g. "A is ****  to B when A is obliged to inform B about A’s (past or future) actions and decisions, to justify them, and to suffer punishment in the case of eventual misconduct". **** cannot exist without proper accounting practices; in other words, an absence of accounting means an absence of accountability.

Declares what conduct is criminal and prescribes the punishment for that conduct. The elements of a murder is an example of ****.

Describes the steps that a criminal proceeding must follow, from investigation through punishment, to satisfy due process.

Prohibits the use in court evidence that the police obtain by illegal means.

After a Grand Jury considers the evidence of a potential case, the grand jury votes: if a majority votes to indict it issues a ****, which becomes the basis for prosecution in a trial court. If the majority votes not to indict, it issues ****, which prevents the case from moving further.

Also known as constitutional courts, of which the district courts, courts of appeals, and Supreme Court are most familiar. **** exist pursuant to Congress’s power under Article III, Section1 to “from time to time ordain and establish” courts inferior to the Supreme Court. The Court of International Trade is the only specialized federal court that is an Article ****.

The constitutional requirement of fairness.

**** in general terms means to be superior in number or weight. **** as used in evidence law means having the greater weight of the evidence required in a civil lawsuit needed to convince the jury or judge without a jury to decide one's favor.  ****is the level of proof required in a civil case, as opposed to the stricter "beyond a reasonable doubt," standard of proof required to convict in a criminal trial.

The fact-finding process engaged in by the parties in anticipation of trial, summary judgment motions, and/or settlement negotiations. The ****is the phase in which both parties research and conduct additional investigation on the fact and events giving rise to the claim. During the ****, parties will have access to information which was inaccessible to them before. While the rules provide for mutual cooperation in the exchange of documents and information to expedite the arbitration, it is widely known that most parties will attempt to avoid disclosing unfavorable information. Measures have been put in place to compel discovery including orders from the panel directing one party to disclose certain information, or even sanctions for difficult parties.

Written questions submitted to a party from his or her adversary to ascertain answers that are prepared in writing and signed under oath and that have relevance to the issues in a lawsuit.

**** are a discovery device used by a party, usually a defendant, to enable the individual to learn the facts that are the basis for, or support, a Pleading with which he or she has been served by the opposing party. They are used primarily to determine what issues are present in a case and how to frame a responsive pleading or a deposition. Only parties to an action must respond to ****, unlike depositions that question both parties and witnesses.

This system assigns the primary responsibility for the discovery of relevant evidence in civil cases to judges instead of to the parties. Judges gather evidence by conducting investigations and questioning witnesses.

The testimony of a party or witness in a civil or criminal proceeding taken before trial, usually in an attorney's office.**** testimony is taken orally, with an attorney asking questions and the deponent (the individual being questioned) answering while a court reporter or tape recorder (or sometimes both) records the testimony. **** testimony is generally taken under oath, and the court reporter and the deponent often sign affidavits attesting to the accuracy of the subsequent printed transcript. **** are a discovery tool.

Motion to dismiss a case for alleged lack of genuine facts sufficient for a jury to find in favor of non-movement; the facts are not in dispute and therefore there is no reason for the court to waste the resources of the jury. *No reasonable jury could find for (non-moving) opposing party. Facts are so clear that allowing the judge to usurp the fact-finding role of the jury is inconsistent with the jury’s function.

Failure to take reasonable precautions to prevent accidents. The failure to use reasonable care. The doing of something which a reasonably prudent person would not do, or the failure to do something which a reasonably prudent person would do under like circumstances.

A group of people summoned for jury service from whom a jury will be chosen.

Federal Appellate Judges work in **** of three, and they must work together for years despite differences in temperament and philosophy. Supreme Court Justices also work in ****. A group of judges of a lesser number than the entire court convened to decide a case, such as when a nine-member appellate court divides into three, three-member groups, and each group hears and decides cases.

An issue that is within the province of the judge, as opposed to the jury, because it involves the application or interpretation of legal principles or statutes. A **** involves the interpretation of principles that are potentially applicable to other cases. Resolving ****  is a chief function of the judge.

Appellate courts prefer **** change to dramatic change. The principle or policy of achieving some goal by ****  steps rather than by drastic change.

One of the core principles that underlies the U. S. Constitution. **** divides power between the national, or federal government and the 50 states.

A prosecutor must prove each element of a crime **** in order to win a conviction in a criminal case.

Doctrines which concern the appropriateness of particular cases for judicial resolution, include the advisory opinion doctrine, standing, mootness, ripeness, and the political question doctrine.

This model of judicial decision making assumes that judges’ decisions result from the application of legal principles and of techniques of interpreting statutory and constitutional language to the facts of the cases at hand.

This model of judicial decision making assumes that judges’ decisions result from their public policy preferences; in other words judges decide cases according to their political philosophies.

This model of judicial decision making assumes that judges’ sometimes vote contrary to their policy preference for strategic reasons.

Judges’ political policy preferences.

stare decisis, statutory language.

Judges’ individual public policy preferences.

Interest group activities

Judicial colleagues, higher courts, other branches of government, and public opinion.

Causes judges’ to decide cases according to legal, not political, criteria.

Causes judges’ to refuse to hear certain cases.

Supporters reject justifications for judicial restraint. They believe that courts should make public policy and that courts can do so effectively. Courts should use their power not just to decide cases, but to serve that cause of human dignity by expanding equality and personal freedom.

Supporters revere majority rule and believe that only the elected branches of government should make public policy. They reject judicial activism and favor ****.

Judicial policy making is **** when it vindicates constitutional rights and respects constitutional principles, the limits of its own power, and the authority and expertise of institutional defendants. *The founding fathers recognized that democracy can enable the majority to tyrannize the minority unless a mechanism exists to protect minority rights. That is why they created a republic instead of a pure democracy.

Courts have the **** for the moderate policy making. Courts not only should make policy decisions when circumstances require; courts can do so, especially when defendants are willing to reform and when courts give them opportunities and incentives to do so.

The truest measure of the value of judicial policy making is its **** on American Society.

As the term suggests, some oppose or see a problem with the judicial branch's ability to invalidate, overrule or countermand laws that reflect the will of the majority. The **** difficulty states a problem with the legitimacy of the institution of judicial review: when unelected judges use the power of judicial review to nullify the actions of elected executives or legislators, they act contrary to “majority will” as expressed by representative institutions.

This model maintains that courts usually cannot achieve significant socialchange because (1) constitutional rights are limited; (2) courts lack independence from the elected branches of government; and (3) courts are ill equipped to make and to implement public policy.

This model rejects the notion that courts are inherently ineffective at social reform. It argues that courts can affect social reform when the elected branches of government refuse to do so because judges do not fact voters at frequent intervals.

Professor **** cites Supreme Court decisions about civil rights and abortion, respectively, as evidence that the constrained court model accurately depicts the impact of judicial policy making.

used in discussing systems of democracy and majority rule, envisions a scenario in which decisions made by a majority place its interests so far above those of an individual or minority group as to constitute active oppression, comparable to that of tyrants and despots. In many cases a disliked ethnic, religious or racial group is deliberately penalized by the majority element acting through the democratic process

Judicial activism describes judicial rulings suspected of being based on personal or political considerations rather than on existing law. It is sometimes used as an antonym of judicial restraint. The definition of judicial activism, and which specific decisions are activist, is a controversial political issue, particularly in the United States. The question of judicial activism is closely related to constitutional interpretation, statutory construction, and separation of powers.

Courts will not involve themselves in non-justiciable disputes that are between the other two branches of the federal government and are of a political nature.

The dispute must present a current controversy which has immediate rather than anticipated or hypothetical effects on the parties.

The parties must have **** any possible avenues for relief available in the trial court or administrative body.

In the case of appeals or agency review, the action by the trial court or administrative body must be final and have a real impact on the parties.

Opinions that do not involve a live case or controversy.

The parties must have an actual, cognizable, usually pecuniary or proprietary, interest in the litigation.

are “held” (e.g. the court “held” that the defendant’s misrepresentations were actionable).