Filled In Study Guide

Filled In Study Guide - Filled In Study Guide 1 logic of...

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Filled In Study Guide 1. “logic of the triad” – the logic of the triad is the triad is the court, litigant 1 and litigant 2. that you can’t shake hands with somebody who is litigating, formal setting (state seal), judge is wearing robes and sits above the witness, which sets him apart, judge refuses to shake hands with the witness, the triad will collapse, setting matters. –Its significance is that the logic of the triad is that you have a third part that acts objectively in orderly dispute resolution 2. self-help: self help is when there is no third party in resolving disputes. Its significance is that there are advantages and disadvantages to this kind of dispute resolution. Advantages: tailored and particularized, efficient (3 rd party and lawyers not necessary) can engender mutual accommodation. Costs: no procedural checks against mistakes or arbitrary actions, limited access (have to be in the clique), escalation (eye for an eye gets out of hand) 3. rule of law – the rule of law is the norm – or expectation – that legal dispute swill be resolved according to pre-existing rules and procedures, regardless of the status of individual litigants. Its significance is that it helps bolster the triad and preserve the appearance of neutrality 4. US v. Nixon – its significance is that the executive privilege didn’t extend to criminal cases. The Watergate tape case was settling an issue of political succession. The promise court and law promise of ODR was represented in this case and its source of legitimacy is the logic of the triad. RELATE BACK TO TERMS AND THEMES OF THE CLASS: PROMISE OF THE LAW TO CORRECT POLTIICAL FAILURES, ODR, 5. NY Times v Sullivan NY Times v. Sullivan is a case in which the court promotes pres freedom against entrenched political elites in the South (and helps preserve an active campaign of civil disobedience). In both cases, we might expect the courts to be brushed aside for political reason, but in the long run, the court effectively resolved these disputes. The power of the pen was very useful. The significance is the law of libel and understanding wheat constitutes as libel such as falsity, causation of harm and a lack of standard of care. 6. Brown v Board of Education – was a case in which the court overturned the rulings in Plessy v. Ferguson (1896) that the separate public schools for black and white students denied children equal educational opportunities and paved the way for integration. Its significance is that the Brown decision did not unilaterally transform educational policies. The case moved from interest group politics (distribution of benefits) to entrepreneurial politics and then to majoritarian politics. The logic of the triad was not relevant here because the court was trying to change policy not resolve a dispute. This is important because we see that the court had a different job and acted in a political not a legal way. The court promise here is correcting political failures.
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7. Doctrinal constraints
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Filled In Study Guide - Filled In Study Guide 1 logic of...

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