Part I: Identify and give significance of 3 of 5 terms and concepts, which will be selected
from the following list:
The “logic of the triad”
ID: Triadic relationship between the Courts and Litigants 1 and 2, propped
up by consent (agreement by sides that the framework is fair), ceremony
(make judges appear above petty biases), law and the rule of law.
SIG: The Triad is as universal as it is unstable. When the courts rule, they
inevitably take a side. This is the basis of one of the Court’s primary roles,
providing orderly dispute resolution.
ID: Taking law into one’s one hands; while it is particularized, efficient,
and could result in settlement, there is also no procedural checks against
mistakes or arbitrary action, limited access, and chance for escalation.
SIG: If the Courts fail, people will turn to self-help. Makes Logic of the
Triad all the more important, as this is clearly a worse alternative.
“The rule of law”
ID: The norm or expectation that legal disputes will be resolved according
to pre-existing rules and procedures, regardless of the status of individual
SIG: Law and the Rule of Law helps preserve the Triad by making courts
appear bound to rule, not taking sides; props up Triad.
US v. Nixon
ID: Nixon invokes executive privilege to keep his tapes secret, and the
Court says it doesn’t apply to criminal investigations.
SIG: Nixon bows to rule of law, and steps down. If rule of law less strong
he may have sent in the troops, but he didn’t; the courts ruling was
respected even in a case of “Who Rules?” Courts provided orderly dispute
NY Times v. Sullivan
ID: Southern police chief alleges libel against civil rights leaders who put
out an ad; Alabama says he wins, Supreme Court reverses, saying they
need to prove more than strict liability, but malicious intent.
SIG: Courts sided with civil rights advocates, against the entrenched
political elites of the South. Courts provided orderly dispute resolution
Brown v. Board of Education
ID: Corrected a political failure, desegregated schools in the South
SIG: Culturally constrained by local resistance, correction of political