Midterm notes - Part I Identify and give significance of 3...

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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” o 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. o 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. “self-help” o 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. o 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” o ID: The norm or expectation that legal disputes will be resolved according to pre-existing rules and procedures, regardless of the status of individual litigants o 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 o ID: Nixon invokes executive privilege to keep his tapes secret, and the Court says it doesn’t apply to criminal investigations. o 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 resolution NY Times v. Sullivan o 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. o 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 o ID: Corrected a political failure, desegregated schools in the South o
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