Courts and Society (Slideshow) Final Exam

What is the central question regarding the power of courts in social change?

Can courts produce social change, and do their rulings actually alter public policy views or attitudes?

What was the tobacco industry's primary legal defense for decades?

The 'assumption of risk' argument, which posited that smoking was a free choice made by the individual.

How did the framing of the tobacco problem shift in the 1990s?

It shifted from viewing smokers as 'self-harming victims' to focusing on the harm caused to others through secondhand smoke.

What role did litigation play in the tobacco industry's political strategy?

It served as a tool to bring media attention, create public awareness, facilitate debate, and weaken the industry through increased legal costs.

What are 'causal effects' of litigation on policymaking?

Direct impacts such as agenda setting, media coverage, mobilization of stakeholders, and creating legal uncertainty that forces industry settlements.

What are 'constitutive effects' of litigation on policymaking?

Changes in how a problem is understood, such as new ways of thinking about corporate liability and who is responsible for health damages.

How did state governments change the legal narrative in tobacco lawsuits?

They argued that the state itself was an injured party that never 'consented' to the risks of smoking, rather than focusing on individual smokers.

What is the significance of the Liggett Group settlement?

It established a new legal norm of corporate responsibility, breaking the industry's record of never paying damages to plaintiffs.

How does the legal process of 'discovery' influence policy?

It compels the release of internal documents and information, which can be used to damage an industry's reputation and strengthen legal arguments.

Why did tobacco companies eventually choose to settle cases?

To minimize financial risks, reclaim a positive public relations profile, and restore predictability to their business operations.

What are the key phases of policymaking influenced by litigation?

Agenda setting, problem definition, issue framing, mobilization of support, and the creation of legal norms.

How are trial lawyers described in the context of tobacco litigation?

They are viewed as 'policy entrepreneurs' who use lawsuits to initiate broader social and political change.

What is the 'no-compromise' position previously held by the tobacco industry?

A strategy of never paying a dime to anyone who sued them, supported by a well-financed and aggressive litigation strategy.

What does it mean to say trial courts are 'political institutions'?

It means they act as venues where social problems are defined, new players are created, and political resources are distributed.

How did litigation redefine the tobacco problem?

It named the issue as worthy of legal attention and created new ways of thinking about responsibility for deaths caused by smoking.

What is the function of political symbolism in litigation?

It provides legal and political resources that help frame the policy problem for the public and policymakers.

What was the result of the publicization of scientific facts regarding lung cancer?

It helped shift public opinion and provided a factual basis for lawsuits against the tobacco industry.

How does legal uncertainty affect corporate behavior?

It creates pressure on executives to negotiate settlements to avoid the unpredictable outcomes of ongoing litigation.

What is the relationship between public opinion and Supreme Court decisions?

The course explores whether public opinion influences the decisions made by the Supreme Court.

What is the role of 'interrogatories' in the legal process?

They are formal sets of written questions that require a response, often used to extract information from the opposing party.

Why were state governments more 'sympathetic plaintiffs' than individuals?

Because they represented the collective financial burden of medical expenses for indigent smokers, rather than the individual choice of a smoker.

What is the primary mechanism by which courts exert force despite lacking the 'purse or the sword'?

They exert force through their legal words, orders, and the power to compel the production of information.

What is the ultimate goal of 'agenda building' in litigation?

To mobilize support from stakeholders like the medical community and taxpayers to push for specific policy changes.

What are the two conflicting guarantees under the Canadian Charter of Rights and Freedoms in high-profile legal cases?

Freedom of the press and the right to a fair trial.

What is the primary concern regarding pretrial publicity (PTP) in legal proceedings?

PTP can bias jurors' decisions, their interpretation of evidence, and their views on defendants and victims.

What does the literature suggest about the effect of PTP on juror verdicts?

Jurors exposed to PTP are more likely to render guilty verdicts compared to those not exposed.

Is the voir dire process effective at mitigating the effects of PTP?

No, research indicates that even extended or attorney-conducted voir dire does not effectively mitigate the detrimental effects of PTP.

Why is asking jurors during voir dire if they can 'lay aside' PTP ineffective?

Jurors often cannot effectively disregard biasing information even when they claim they can.

Does the passage of time eliminate the biasing effects of PTP?

While it may reduce recall of factual evidence, it does not completely eliminate the recall of biasing information.

What are two judicial remedies suggested for cases heavily impacted by PTP?

Imported jurors and change of venue.

What are some examples of information courts may restrict to prevent PTP bias?

Prior criminal records, character/reputation of the defendant, contents of confessions, and the identity or credibility of prospective witnesses.

How does Papke (2007) define popular culture?

Cultural commodities and experiences produced by the culture industry and marketed to mass audiences.

What is the 'cultivation effect' in the context of media consumption?

The theory that regular consumers of popular culture do not necessarily have their views created by media, but rather have their perceptions of social reality prompted, encouraged, and refined by it.

How does television contribute to a 'mental world' for viewers?

It creates a shared space where characters, situations, and events convey perceived truths about human existence, which can shape perceptions of the real world.

Are high-frequency media consumers more susceptible to the cultivation effect?

Yes, they are more likely to be influenced by media messages and to perceive those messages as real and valid.

What is the relationship between television viewing and the fear of crime?

Research indicates that regular television viewing is correlated with an increased fear of crime for many viewers.

How does the television series 'The Wire' differ from traditional legal dramas like 'Law and Order'?

It focuses on one case or set of crimes for an entire season, often shows crimes remaining unsolved, and highlights the bureaucratic and political obstacles that prevent justice.

What role does visual narrative play in shaping public perception of the law?

Visual narratives can translate abstract legal ideas into concrete reality, inviting viewers to accept fictional portrayals as representations of the real world.

What is the 'CSI effect'?

A phenomenon where media depictions of forensic science influence juror expectations and judicial outcomes in real-world courtrooms.

How does media content influence the courtroom?

It can affect judicial decisions, juror expectations, and the overall way the public perceives the failures and pitfalls of the criminal justice system.

What is the primary challenge of finding an impartial juror in the digital age?

The rise of multiple forms of internet communication makes it increasingly difficult to find jurors who have not already formed opinions about a case, victim, or defendant.

What does the term 'trial by television' refer to?

The influence of media coverage of active trial cases on the justice system.

Why might 'The Wire' be considered a critique of the criminal justice system?

It emphasizes that justice is not always served due to political and bureaucratic milieus, rather than just focusing on the resolution of individual crimes.

What is the core argument of cultivation theorists regarding social reality?

Regular exposure to media refines and encourages specific views of social reality rather than creating them from scratch.

How does media exposure affect public attitudes toward crime rates?

Regular viewing of generic programming can cultivate specific perceptions and attitudes about crime rates and the criminal justice system.

What is the ultimate impact of media on the legal system according to the lecture?

Media content influences both what happens inside the courtroom and how the public perceives the fairness and efficacy of the legal system.

In what ways do court decisions function as political tools?

They define social problems, set agendas, reflect political goals, create local legal norms, and help set public policies.

How does the relationship between law and social change function?

It is a two-way, reciprocal relationship where law can act as a creator or accelerator of change, while also responding to shifting public norms.

What are two primary drivers of legal change from a societal perspective?

Technological inventions and shifts in cultural norms, values, and community attitudes.

What is the requirement for the source of a law to be effective in creating social change?

The law must emanate from an authoritative and prestigious source.

How should the rationale of a new law be presented to ensure its efficacy?

It must be presented in terms that are understandable and compatible with existing societal values.

Why is it recommended that advocates of a new law reference other communities or countries?

To show that the law is already in effect elsewhere, which helps the population identify with and accept the change.

What is a key requirement for the enforcement of a law intended to create social change?

The enforcement must be aimed at achieving the change within a relatively short time frame.

What is required of those tasked with enforcing a new law?

They must be personally and deeply committed to the change intended by the law.

What types of sanctions should the instrumentation of a law include?

It should include both positive and negative sanctions.

What constitutes 'reasonable' enforcement of a law?

Enforcement that is reasonable in its sanctions and protects the rights of those who might be negatively impacted by the violation of the law.

What was the significance of the Vriend v. Alberta (1998) case?

It is a notable legal event regarding the use of law to influence social change related to sexual orientation.

Which legal case is associated with freedom of expression and LGBTQ equality?

Little Sisters Book and Art Emporium (2000).

How did the cases of Plessy v. Ferguson (1896) and Brown v. Board of Education (1954) illustrate the role of law in social change?

They demonstrate the law's role in the evolution of racial equality and civil rights over time.

Why do court rulings have a significant impact on how society organizes itself?

Because they carry the sanction of the law, which shapes public opinion and influences the structure of institutions.

How do court rulings influence individual lives beyond legal outcomes?

They materially shape individual lives and discursively invoke ideas and ideals regarding a collective way of living.

Can courts be considered both reactive and proactive in social change?

Yes, law is considered both reactive (responding to social needs) and proactive (restructuring society) in the context of social change.

What is the debate regarding the necessity of popular customs in legal change?

The debate is whether legal reforms can effectively restructure society on their own, or if they require fully developed popular customs as a foundation.

How do court decisions impact the distribution of resources?

They provide or fail to provide certain rights, resources, and privileges to specific groups of people.

What is one way court decisions define the 'acceptability' of social behavior?

By articulating what is considered constitutional, desirable, or acceptable within the legal framework.

Do court rulings change people's policy views?

Yes, the message that the law conveys to the public serves as a mechanism to shape and influence public opinion.

What is the central question regarding the power of the courts in social change?

What are the possibilities and limits of litigation in effecting change, and how does it constitute or cause changes in policymaking?

What is the central question regarding the power of courts in society?

Can courts produce social change, and what is their actual power to effect such change?

What are the four primary goals of using litigation as a political strategy, as seen in 1990s antismoking efforts?

Bringing media attention, creating public awareness, providing occasions for public debate, and weakening the industry through increased legal costs.

What are the 'causal effects' of litigation on policymaking?

The use of new legal arguments, media coverage, agenda setting, mobilization of stakeholders, and creating legal uncertainty that pressures industries to settle.

What are the 'constitutive effects' of litigation on policymaking?

Creating a new way of thinking about industry liability and establishing an emerging understanding of risks and accountability for societal or health damages.

How do court decisions function as agenda-setting tools?

They define social or political problems and help set public policies by articulating what is acceptable, desirable, or constitutional.

According to Lens (2003), what are the two levels on which Supreme Court decisions can be read?

As prescriptive statements of what legally can or cannot be done, and as discourses that define the Court's view of social problems.

What was the focus of the Supreme Court's involvement in workplace gender issues between 1971 and 1982?

Addressing terms and conditions of employment, as well as the availability of employer-sponsored or governmental benefits.

What was the significance of the Brennan gender equality case regarding Corning Glass Works?

The Court rejected the 'ancient and outmoded' belief that men should be paid more based on their societal role, leading to the invalidation of discriminatory pay scales.

What was the central legal question for scholars regarding gender discrimination in the 1970s?

Whether the Court would apply 'strict scrutiny' or the 'rational basis' standard to gender discrimination claims.

What is one way litigation can change the policy status quo?

It can produce shifts in legal and cultural frames that are difficult to reverse.

How does litigation contribute to long-term social reform?

It can set an agenda, introduce new ways of thinking about beliefs, and spark further rounds of litigation.

What does the quote about Mississippi paying for indigent smokers illustrate?

It highlights how litigation can force entities to take financial responsibility for social issues, even if they were not the direct actors in every instance.

Why do courts often reflect political argumentation?

Because court cases are frequently the result of parties with different political goals and interests competing to define legal norms.

What role do courts play in defining rights and resources?

They provide or fail to provide certain rights, resources, and privileges to specific groups of people.

What is the primary limit of judicial power mentioned in the context of social change?

The efficacy of law as an instrument of change is constrained by the limits and potentials of judicial power and the specific nature of litigation.

How does the Supreme Court act as a 'policymaking institution'?

By issuing opinions that define social problems and establish legal standards that influence public policy.

What is the relationship between litigation and public discourse?

Litigation acts as a catalyst that forces public discourse on specific issues, such as gender discrimination or health risks.

What is the purpose of 'legal uncertainty' in the context of industry litigation?

It creates pressure on the industry, often forcing them to settle due to financial and other strategic considerations.

How do courts define local legal norms?

Through the process of deciding cases, courts articulate standards of behavior and legality that become established norms.

What does 'rethinking gender belief, roles, and expectations' refer to in the context of 1970s court cases?

The shift in judicial reasoning away from traditional, discriminatory views of gender roles toward an emphasis on equality.

Why is the 1970s considered a significant decade for the Supreme Court and gender?

Because the Court was actively participating in the public discourse on gender discrimination through its rulings.

What is the potential impact of litigation on cultural frames?

Litigation can produce shifts in the legal and cultural frames surrounding sensitive topics like minority, gay, and women's rights.

How is morality defined in the context of law?

Morality is defined as what people feel they ought to do, distinguishing right from wrong, and emerging from the interactions of various normative systems.

What is the primary authority in legal forms of regulation?

The state, rather than a divinity, is considered the prime authority.

How do modern legal regulations typically approach the concept of 'right' and 'wrong'?

Modern legal regulations generally do not claim to distinguish right from wrong, but rather define specific acts as either legal or illegal.

What is the role of law in moral regulation?

Law acts as a means of enforcing informal moral codes regarding areas like sexuality and family relations, effectively regulating moral conduct.

How does the definition of morality change over time?

Definitions of morality are not static; they constantly evolve.

Who were the primary targets of legal moral regulation in early-national Canada?

Targets included aboriginals, the poor, immigrants, children, and women.

Which groups were the principal powerholders in early-national Canada responsible for moral regulation?

Wealthy Anglo-Celtic Protestants and, to a lesser extent, bourgeois French Catholics.

What does the history of legal moral regulation reveal about power relations?

It exposes broader patterns of unequal power relations, as regulation was often a project of imposing standards idealized by powerholders onto marginalized groups.

What is the relationship between 'making good citizens' and moral regulation?

Moral regulation is used as a tactic to manage the marginal, effectively attempting to shape individuals into 'good citizens' based on the attitudes of the dominant class.

What are some contemporary examples of the intersection between law and morality?

Abortion, euthanasia, gun control, and sex work.

Does the law govern moral behavior only through criminal statutes?

No, moral behavior is also governed through private, constitutional, and administrative law.