POLS 3130 Lecture Notes - Lecture 3: Supreme Court Review, Drug Court, Mootness
4 Oct 2016
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Week 3: judicial process, dispute resolution and facts. Adjudicative model (good midterm question comparing pmm below) Access to courts: conservative: strict rules of standing to get into these courts, courts only adjudicate disputes, they do not make policy, must be a clear legal issue. Disputes are narrowly defined: real/concrete cases, not considering abstract hypothetical cases, bipolar meaning there are only two parties in the dispute. Judge acts a referee: formal procedural rules, adjudicative facts, the one who applies the rules, impartial and passive, listen quietly to what is happening. Modes of reasoning: incremental and limited creation of new rules/law, change is slow, deference to legislatures to make rules. Problems: limited social changes, less protection towards minorities, creates definitive winners and losers, creates a cycle effect; ignores and is not concerned about returning cases, does not fully address issues. Access to courts : liberal: low barriers to access, easier to get into court. 2: multi party and interest group involvement.
