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Judiciary 23, O'Brien Ch. 5, Carp et al. Chs. 12, 13

Horizontales
Adherence to the doctrine of ___ adds valuable predictability and continuity to the judicial system, and reduces the possibility that judges will decide cases on a whim or in reliance on their own sense of right or wrong.
Factors supporting a view that public ___ does influence judges’ decision making include: 1) judges are human beings and are thus part of public ___; 2) public ___ is supposed to be part of the decision making process in many cases; 3) court decisions cannot be carried out without a reasonable degree of public support.
According to judiciary scholars Richard Richardson and Kenneth Vines, all jurists are subject to two major kinds of influence, the legal ___ and democratic ___.
A ___ is a case in which there are two (or more) opinions announcing different parts of the Court's ruling for two (or more) different majorities on different portions of a single case.
Sometimes an appellate judge (including Supreme Court Justices) may sign on to a decision with which the judge does not actually ___. (Discussion of some of the circumstances under which this might occur would be a good essay question.)
Political party identification, localism, public opinion, and the influence of executive/legislative branches government are all factors that influence the “democratic (behavioralist/realist) subculture” of judicial ___.
The traditional 3-step process of ___ inherent to the traditional “legal subculture” framework for trial judge’s decision-making includes: 1) A similarity is identified between two cases. 2) The rule of law in the first case is announced. 3. The rule of law used in the first case is applied to the second case.
A judge is ___ likely to issue a decision in accordance with his or her personal beliefs or attitudes rather than strictly “in accordance with the law” when the evidence or the law are equally compelling on both sides, when the case involves new questions for which there is a dearth of legal precedent, or when the judge is one who takes a broad view of the judicial role.
___ is apparent between the courts in the various Federal Circuit Courts of Appeal in terms of a statistically significant difference in the number of "liberal" and "conservative" decisions by district court judges within those circuits.
Legal reasoning, precedent/stare decisis, and judicial restraint are the three abstract principles that make up the ___ subculture of trial judges decision making under the Richardson and Vines analytical framework. (Describing these three principles and their impact on Judge Mize’s decision making in the Evers v. Jackson case would be a good essay question.)
The term for the theory that judiciary researchers developed in the 1960s-1970s that held that there are key characteristics common of cases granted Supreme Court review that indicate that Supreme Court justices look for these characteristics in determining which cases to hear. (Describing this predictive model and the key characteristics, with examples, would be a good essay question.)
Chief Justice Earl Warren used a strategy of delaying the conference ___ in order to get to a unanimous decision in Brown v. Board of Education.
There is ___ evidence of partisan voting patterns among state court judges than among federal court judges.
Justices Kennedy and Sotomayer have both framed the questions and answers of oral argument as being not so much between the attorneys and the justices, but rather between the ____ themselves, with the attorneys serving as intermediaries in that discussion.
Justices write ___ opinions to explain their reasoning in a case when they disagree with the majority (or plurality) of the Court's reasoning, but agree with the outcome in the case. (Discussion of the Supreme Court's justices' trend toward writing more concurring and dissenting opinions, and why, would be a good essay question.)
Chief Justice Marshall crafted the Court in a model that emphasized institutional decisions and unanimity in opinions, and consensus was a norm for much of the 1800’s. Beginning in the late 1930’s into the 1940’s and continues on to today, the trend/change in opinion-writing has been toward placing more value on ___ opinions. (Discussing the rising legal "intellectual movements" and other changes in the Supreme Court's operations that contributed to the rise of ___ opinions would be a good essay question.)
Verticales
The partisan split in Bush v. Gore (2000) ___ a view that the Supreme Court is becoming increasingly more partisan. (Describing this decision and how it supports that view, and describing how Obergefell v. Hodges (2015) King v. Burwell (2015), and Justices Ginsburg and Scalia’s overall voting records in 2014-2015 temper that view, would be a good essay question.)
The importance of a case, the size of the voting majority, whether the vote was to affirm or reverse the lower court's decision, whether any of the judges switched their decision, and whether the case has to be be carried to another term or reassigned, are all factors that can affect how long it takes a justice to complete ___ a decision.
Supreme Court Justices' votes are always ___ (subject to change) until the moment that the Court hands down its decision in a case. (Discussing the impact that this fact has on the process of assigning decisions to justices to write, and how it affects the decision-writing process itself, and what happens when a decision-writing changes his/her vote, with examples, would be a good essay question.)
The ___ analysis theory posits that justices on collegial courts typically want to be on the winning side and to influence the judgments of their colleagues. (Describing this theory, and identifying and describing the characteristics of influential justices, and the strategies justices use to influence their colleagues, with examples, would be a good essay question.)
“___ theory” describes as the more likely predictive model for multijudge decision making behavior as follows: Judges view cases in terms of broad political and socioeconomic issues they raise and they respond to these issues in accordance with their personal values, attitudes, and policy preferences, often in coalitions with other judges who share similar attitudes.
“Judicial __” have built on the views of the “judicial realists” in that they have subjected the theories of the judicial realists to empirical testing and they have attempted to relate their findings to more scientifically grounded theories of human behavior.
Judicial ___ (Carp et al.), or legal ___ (O'Brien), are two names given the intellectual school of thought that espouses that judicial decision making is the product of human, extralegal stimuli as much (or more than) the product of fixed legal formulas or legal tests.
An opinion from an appellate court panel, or the Supreme Court, that fails to command a majority of judges in agreement with the reasoning for the decision, even though a majority agree with the decision's ultimate outcome, is called a ____ opinion.
The amount of time typically allowed for Supreme Court ___ arguments has decreased over time to one half hour per side. ___ arguments usually take place approximately four months after the Court has accepted a case.
Law schools, bar associations, judicial councils, and other groups are responsible for the institutionalization of the legal ___ that make up the legal subculture upon which trial judges’ decision making is based.
The major difference between the judicial decision making process of trial courts, and decision making by appellate (collegial) courts, is that trial courts issue a decision made by one person, while appellate (collegial) courts make decisions through ___ interaction.
Trial court judges do not make just one decision per case in litigation, but rather they make ___ decisions in each case. (Identifying and describing some of the many decisions that a trial court judge makes in the course of litigation, along with a description of the challenge that the timing of these decisions poses for trial court judges, would be a good essay question.)
US Chief Justice, US Chief Judges (in the US Circuit Courts) and the State Supreme Court Judges play special ___ in decision making on their respective courts. (Describing these roles and their interplay in the small-group theory of influential factors in judicial decision making of multimember appellate courts would be a good essay question.)
"___ choice theory" adds to and builds on the premise of the “attitude theory” as a predictive model for multijudge decision making behavior by asserting that judges decide cases largely according to their beliefs and attitudes, but in a strategic manner that takes into account such factors as political timing, and the likely actions and reactions of other political actors. (Describing the three theoretical views of the dynamics of multijudge decision making that focus on the point of making a decision in a case (excluding the one dealing with case acceptance) and discussing the one you find most convincing in terms of providing insight into appellate court behavior, and why, would be a good essay question.)