Judicial Activism and the Court System

A series of flashcards covering key concepts from the lecture on judicial activism, the court system, and the relationship between law and justice.

What is jurisprudential activism?

It involves overturning statutes and precedents due to changes in law or societal need.

What does remedial activism refer to?

The court's involvement in fixing the law and its implementation when there are societal issues.

Why do judges have to be careful about being impartial?

Judges must avoid bias and ensure fairness in the courtroom, facing pressures from both sides to influence the outcome.

What is the 'truth theory' in the context of the courtroom?

The idea that the court's purpose is to ascertain the true facts of a case.

What is the 'fight theory' of the courtroom?

The view that trials are akin to boxing matches, where the best advocate wins, regardless of the truth.

What did William Wayne Justice think about judicial activism?

He believed that judges hold the responsibility to intervene and solve social problems when legislators fail.

In what ways can a judge's impartiality be compromised?

Judges face pressures from attorneys trying to sway them or from societal biases that may affect their decisions.

What are the challenges judges face that make impartiality difficult?

Judges must navigate pressures from opposing parties and potential public perception while ensuring fair trials.

What was one consequence mentioned about not enforcing word count limits in papers?

Students may write excessively long papers, overwhelming the judge or professor with reading material.

What is the importance of evidence in establishing truth in court?

Both sides must present sufficient and competent evidence to demonstrate the truth of their case.

What does the lecture suggest about the relationship between judicial activism and political climate?

Judicial activism is often condemned when it challenges the political climate or public sentiment.

Why is it problematic to rely solely on an attorney's ability to win a case?

It can compromise the pursuit of truth, leading to justice not being served.

What criteria are used for selecting judges according to the lecture?

The criteria often include ideology, ability, morality, and sometimes personal connections.

What was suggested about the role of the Supreme Court in changing precedents?

The Supreme Court often hears cases to overturn previous decisions based on changes in law or society.

What is the implication of judicial impartiality according to the lecture?

Judges should be impartial, but complete impartiality is unrealistic due to human nature.

How did the lecture describe the impact of the media on the judicial process?

Media coverage can influence public perception and judicial outcomes during high-profile cases.

What happened during a historical case as discussed in the lecture regarding evidence?

There were debates on the validity of spectral evidence in witchcraft trials, highlighting issues of what counts as valid proof.