7 to 10 page paper due to Criminal Justice class
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the_judicial_process_mobilizing_the_law.pptxTHE JUDICIAL PROCESS CHAPTER 7 Mobilizing the Law: Litigants, Interest Groups, Court Cases, And the Media
Presented by: Tiffany Houston
Course: Judicial Process
Date: February 11, 2016
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Introduction
The Chapter focuses on courts’ users and the cases they bring to the court for resolution.
It also examines interest groups in the judiciary and the relationship between the legal system and the media.
The Chapter focuses on courts’ users and the cases they bring to the court for resolution. It also examines interest groups in the judiciary and the relationship between the legal system and the media.
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Legal Mobilization
The texts defines legal mobilization as the process through which the legal system acquires its cases (Neubauer, 2016).
The main sources of a case includes:-
Criminal charges that are brought through arrests,
Civil lawsuits filed by citizens, private companies or government agencies.
Types of litigants, complexity of lawsuits and the level of intercession by judges explain the need for legal services that has been expanding.
The texts defines legal mobilization as the process through which the legal system acquires its cases (Neubauer, 2016). The main sources of the cases include, Criminal charges that are brought through arrests, Civil lawsuits filed by citizens, private companies or government agencies. Types of litigants, complexity of lawsuits and the level of intercession by judges explain the need for legal services that has been expanding.
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Court Cases Disposition Dynamics
Factors increasing the scope of the courts and the judiciary caseload include
Party capability
Lawsuits determining policy
The adjudicatory process
Party capability is determined by the frequency of a litigant in the legal system. Frequent users are experienced in invoking public authority (Neubauer, 2016).
Rountine Administration refers to a matter that is not disputed, but merely needs official approval.
Factors increasing the scope of the courts and the judiciary caseload include Party capability, lawsuits determining policy, the adjudicatory process
Party capability is determined by the frequency of a litigant in the legal system. Frequent users are experienced in invoking public authority (Neubauer, 2016).
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Court Cases Disposition Dynamics (Cont’d)
Cases differ in the level of involvement or type of action
Procedural adjudication involve actual disputes. The Lawyers have a need for the system’s full spectrum.
(1) The search for applicable law, (2) relies on rules of evidence, (3) extensive exploration of laws and questions of facts, (4) assumes all parties are preparing for a trial.
Decisional adjudication involve cases that are simple and they need a judge’s decision.
Diagnostic adjudication are problematic, time consuming and the fastest growing.
Other lawsuits require that the judiciary rules on government policies, policy litigation or private companies litigations. These lawsuits are also time consuming.
Cases differ in the level of involvement or type of action. Procedural adjudication involve actual disputes. The need the system’s full spectrum. Decisional adjudication involve cases that are simple and they need a judge’s decision. Diagnostic adjudication are problematic, time consuming and the fastest growing. They have little precedent.
Other lawsuits require that the judiciary rules on government policies, policy litigation or private companies litigations. This lawsuits are also time consuming.
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Interest Groups
Interest groups are significant players in the legal system
They seek policy litigation cases to promote public policies that favor their members.
Neubauer states that interest groups are disadvantaged politically in the traditional forums and they prefer to use lawsuits instead of lobbying and legislation (Neubauer, 2016).
Interest groups are significant players in the legal system. They seek policy litigation cases to provide laws’ legal precedents. Neubauer states that interest groups are disadvantaged politically in the traditional forums and they prefer to use lawsuits instead of lobbying and legislation (Neubauer, 2016).
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Interest Groups (Cont’d)
Interest groups require a lot of money and organizational support since policy litigation is time consuming and very expensive (Neubauer, 2016).
Strategies to support their cause include
Direct Sponsorships- providing an attorney
Amicus Curiae Briefs- “friend of the court”
Judicial Nominations- assist the judge of their liking or attempt to prevent their least preferred judge from being appointed.
Class-Action law suits- respresent their group and individual similar situated within their lawsuits.
Interest groups require a lot of money and organizational support since policy litigation is time consuming and very expensive (Neubauer, 2016). Strategies to support the case include direct sponsorships, amicus curiae briefs, judicial nominations, lass-action law suits.
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Media and the Legal System
In the past years, citizens have relied on media coverage and journalists on court decisions and cases through the newspapers and other print media.
The development of technology, especially the invention of televisions, made the courts determine the level of coverage that the media has on some court cases.
The game has now been changed by the social media and internet.
In the past years, citizens have relied on media coverage and journalists on court decisions and cases through the newspapers and other print media. The development of technology, especially the invention of televisions, made the courts to determine the level of coverage that the media has on some court cases. The game has now been changed by the social media and internet Ubiquity
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Media and the Legal System (Cont’d)
Social media accounts and cell phone cameras have, in many cases, been used for email or video evidence.
They are also being used for attorney advertising and campaign funds solicitation
When jurors use the internet, this result to mistrials
Therefore, the media has impacted the legal system as judicial processes adapt to the new technology
Social media accounts and cell phone cameras have, in many cases, been used for email or video evidence. They are also being used for attorney advertising and campaign funds solicitation. When jurors use the internet, this result to mistrials. Therefore, the media has impacted the legal system as judicial processes adapt to the new technology.
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References
Neubauer, D., & Meinhold, S. (2016). Judicial process: law, courts, and politics in the United States. Cengage Learning.
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