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Topics included in this unit are: The Structure, Administration and Operation of State and Federal Courts The Appellate Process and Judicial Review Judicial Interpretation and

Topics included in this unit are:

  • The Structure, Administration and Operation of State and Federal Courts
  • The Appellate Process and Judicial Review
  • Judicial Interpretation and Policy Making

Your reading defines Judicial Restraint as a "View that appellate decisions should be based on precedent, rather than on the basis of achieving some public benefit, since that is a role delegated to the legislative branch."

The reading also defines Judicial Activism as "Appellate court disregard of precedent in an effort to achieve some public benefit, thereby usurping the legislation function.". The reading also goes on to say that while contemporary liberals have been labeled as activists, and conservatives have been labeled as those supporting restraint, history shows us that this has not always been the case and that at one time, the opposite was considered.

Why are labels such as conservative, liberal, activism and restraint dangerous to intellectual discourse on law and politics?

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