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Describe the process in which the supreme court hears and decides a case
Each side presents a 30 min oral argument during which the justices can ask question of the case
Original Jurisdiction
Writs of Certiorari
Rule of Four
Solicitor General
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.
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 argues why Judicial Review is important and the importance of life time terms