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Transcript

How the Supreme Court Works

Objective

Describe the process in which the supreme court hears and decides a case

Filing Briefs

Oral Argument

Selecting Cases

Each side presents a 30 min oral argument during which the justices can ask question of the case

Opinions

Original Jurisdiction

  • 2 or more states
  • The US v. State
  • The US v. Foreign
  • 2 or 3 cases a year

Writs of Certiorari

Rule of Four

  • 4 or the 9 justices must agree to hear the case

Solicitor General

  • handles all appeals on behalf of govt
  • can influence caseload
  • order from the court to a lower to court to send records for review
  • allow for control of caseload
  • cases must deal with Constitution or federal action

How the court make decisions

After decision is reached a justice will write a formal opinion that presents issues and establish precedent for lower courts to follow

majority- opinion of the court

concurring- agree with outcome but not reasoning

dissenting- disagree with outcome

per curiam- decision made by the court with no one judge's name attached.

Discussion and Voting

Petitioner- bring the case to Supreme Court

Respondent- previous winner reacts to new appeal

each side presents a written statement on their side. Facts are not argued but reasoning and application of law are discussed

Amicus Curiae

"friend of court"

people who have stake in outcome can present their position ex interest group

Justices discuss each case in closed meeting and vote on an outcome

Stare Decisis- Courts cite to stare decisis when an issue has been previously brought to the court and a ruling already issued.

Judicial Activism- using personal opinions to decided case, thus making laws through judgement and setting new precedents.

ex Roe v Wade

Judicial Restraint-hesitate to strike down laws unless they are obviously unconstitutional

ex Plessy v Ferguson

Hamilton and Federalist 78

Hamilton argues why Judicial Review is important and the importance of life time terms

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