Term
|
Definition
| the process which judges are formally trained to perform the specific tasks of being a judge |
|
|
Term
| Four factors of Judicial Socialization |
|
Definition
1. Socialization
2. Anticipatory Socialization
3. Freshman Socialization
4. Occupational Socialization |
|
|
Term
|
Definition
| How they learn about American politics. Determines liberal/conservative sides. Constitution importance, values we have. |
|
|
Term
| Anticipatory Socialization |
|
Definition
| preparations before judgeship 2 parts- 1.Law School- acquire analytical and communication skills 2. experience in practicing law- how the legal system works |
|
|
Term
|
Definition
| short term "first term" learning curve of judgeship, become well versed on all aspets of law, able to manage court room, etc. Supreme court is hardest, making precendent instead of following it |
|
|
Term
|
Definition
| on the job training over a period of years, thru year 5, norms and practices are learned. |
|
|
Term
|
Definition
| Best way to make up own agenda. They can choose cases, but must wait until the case is brought to you. more discretion than ever. they specifically look for cases that will raise the issue of constitutional law |
|
|
Term
|
Definition
| Start with status quo issue , then take landmark case which opens the window for a lot more cases of this nature and take a decade or two of hammering out the spill over. |
|
|
Term
|
Definition
| divide up all cases among clerks and their opinion is used to determine the justices decisions |
|
|
Term
| Chief Justice role in Cert |
|
Definition
| acts as ring leader, creates the discussion list |
|
|
Term
|
Definition
| anyone can add, but not all delete. has to be potential for conflict |
|
|
Term
|
Definition
| cases that are clearly not important and the idea of granting cert is not entertained |
|
|
Term
| External Influences in decided cases |
|
Definition
| and sort of political institution which gives credence and legitimacy to a policy issue, by adressing it during whatever formal preceding it has (president, congress, media, public) |
|
|
Term
| Internal Influences in deicing cases |
|
Definition
| deals with members of the court, or organizational dynamics. |
|
|
Term
| Why allocate more time to certain issues? |
|
Definition
| The agenda of the court responds to issue priorities of other branches of govt |
|
|
Term
| Procedural considerations when deciding to grant cert |
|
Definition
| justiciability, must have live controversy |
|
|
Term
| Legal Considerations Rule 10 |
|
Definition
| governing principle of the court that believes that justices will prefer to accept cases where there has been a different decision b/w fed courts, federal and state courts, or when the decision goes against the SC own prefernece. |
|
|
Term
|
Definition
| solicitor general, presence of an amicus brief, judicial ideology |
|
|
Term
| Factors that influence decision making |
|
Definition
1. personal values- political party, morals, internal ideas,
2. philosophy to law- loose v strict constitutionalist
3. perception of judicial role- should i be an activist judge?
4.external influences- results the decision of judges media, congress, etc. |
|
|
Term
| Three ways to look at decision making? |
|
Definition
1. type of court
2. multiple times to make decision
3. Involved parties |
|
|
Term
|
Definition
| criminal v collegial courts (collegial have to account for group relationships)lower courts are influenced by supreme court decisions |
|
|
Term
|
Definition
| judges want to influence their colleagues and be on the winning side as much as possible, susceptibility to change is determined by personality and |
|
|
Term
| Three major strategies to maximize impact on multi-judge court |
|
Definition
1. Persuasion on the merits- provide concrete legal evidence to sway judge
2. Bargaining- more subtle than congressional bargaining, more about legal argument used
3. sanctions- judges votes (threaten to switch sides if your legal argument isnt used) strong dissent threat or going public (appeal to public to persuade your view) |
|
|
Term
| Three problems with case studies |
|
Definition
1. human nature is complex; we can study a case for a while a never conclude anything
2. it's easy to omit certain things because you are focusing on one certain mindset
3. at the end of the day, you are only studying one thing-generalized ability |
|
|
Term
|
Definition
1. explains behavior in question
2. Parsimonious explanation |
|
|
Term
|
Definition
| falsifiable- we have to have clear standards for what constitutes judicial behavior being modeled. |
|
|
Term
|
Definition
| any change of the courts policies is a result of a majority of a change, and individual preferences are not responsible for change |
|
|
Term
|
Definition
judicial preferences are actually changing
1. individual position change- judge changes their mind
2. issue itself evolves- |
|
|
Term
| Ulmer's four reasons for change in vote |
|
Definition
1.they wouk w/ in a small group so they are easily influenced (don;t want to pick a fight, can see other side)
2.whole post of issues surrounding civil liberties, so faulty measure
3. service on the court is a learning process, become more firm in beliefs over time
4. justices influenced by public opinion |
|
|
Term
| why do judges tend to become more extreme over time? |
|
Definition
| some people are influenced by their past others are not. 1. court environment- other justices, congress, pres 2. it is contexual, little bit of both |
|
|
Term
|
Definition
| Justices don;t want to stand out in the beginning until they really know what they are doing. Newcomers are more moderate. They are more likely to change their vote, less likely to write an opinion |
|
|
Term
|
Definition
| Court decides disputes in light of the case facts vis-a-vis the ideological attitudes and values of justices |
|
|
Term
| Basis for Attitudinal Model (4) |
|
Definition
1. Legal Realism
2. Behavioralism
3. Economics
4. Psychology |
|
|
Term
|
Definition
| 1920s Llewlllyn and Franks. Spawned from conservative legal model. Judges are law makers not finders. Laws are flux and constantly moving. Because laws are ever changing, they must interpret. |
|
|
Term
|
Definition
| first political science movement that was the first to view it Poli sci is predictable science, must use quantifiable data, observable data, research is driven by theory |
|
|
Term
|
Definition
| judges endgae in attitudinal behavior, they will decide on outcome that yields them the highest outcome (goals, rules situations) |
|
|
Term
|
Definition
| Primary goal is policy oriented |
|
|
Term
|
Definition
structure/norms about being a judge that would influence policy making.
1.lack political accountability
2. no ambition for higher office
3. control own docket
4. top of judicial heirarchy |
|
|
Term
|
Definition
| the attitudinal model is strongest (applicable) only on the final vote |
|
|
Term
|
Definition
| 1960's-Shubert. attitudes are enduring sets of beliefs about an object or situation. there is a spectrum. |
|
|
Term
|
Definition
| direct or indirect parties |
|
|
Term
|
Definition
| dominant legal facts to the case |
|
|
Term
|
Definition
| Judges decide cases in light of case facts vis a vis their preference and the preferences of other actors involved. arose from problem of only using attitudes. |
|
|
Term
|
Definition
| judges will get outcome close to their preferences instead of exact to avoid congressional override. roots in rational choice. |
|
|
Term
| Strategic roots in rational choice |
|
Definition
| applies economic concept to judgeship. Actors can order all possible outcomes from most to least favorable. actors choose from available alternatives to maximize personal prefernces, ending in an equilibrium- personal pref combined with others to create stable outcome. |
|
|
Term
| five decisions prior to final vote |
|
Definition
1. Cert
2.Conference
3. Opinion Assignment
4. Framing Opinion
5. Decision to dissent or concur |
|
|
Term
|
Definition
| the decision of courts are decided in by the case facts in light of the law |
|
|
Term
| Legitimacy issues in Legal Model |
|
Definition
| Constitutional and Congressional Statues are from personal preferences, so there is no legitimacy because they are striking down laws voted on by elected officials. |
|
|
Term
| Three Factors of Legal Model |
|
Definition
1. Plain Meaning
2. Framer's Intent
3. Precedent |
|
|
Term
| Room for Influence in Legal Model |
|
Definition
| there is so much precedent that has been established, that judges can pick and choose which precedent they prefer. use briefs from groups they support. |
|
|
Term
| Four informal factors of being selected as a judge |
|
Definition
1. high level of competency
2. same ideological preferences as pres
3. willingness to be a judge
4. luck |
|
|
Term
|
Definition
| unwritten political custom in the United States whereby the president consults the senior U.S. Senator of his political party of a given state before nominating any person to a federal vacancy within that Senator's state. |
|
|
Term
|
Definition
| is the appointment, by the President of the United States, of a senior federal official while the U.S. Senate is in recess. two reasons 1.vacancies are problematic if court has backlog 2. political- pres can choose on his own |
|
|
