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| an order from the Supreme Court to a lower court to send up the records on a case for review. |
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| a brief unsigned statement of a Supreme Court decision |
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a written statement setting forth
1. legal arguments
2. relevant facts
3. precedents
supporting one side of a case |
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| a model(case) on which to base later decisions or actions |
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| Latin for "Friend of the Court" meaning a written brief from an indiviual or group claiming to have information useful to a court's consideration of a case- a way to lobby |
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| the Court's decision expressing the views of the majority of justices |
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| the opinion expressed by a minority of justices in a Court case |
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| direct contact made by a lobbyist in order to persuade government officals to support the polices their interst group favors |
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| How does the Supreme Court effect us? |
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1. Interprets law
2 Shapes public policy |
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| a written explaination of a Sumpreme Court decision or the interpretation of state constitution or state laws by the state's attorney general |
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| a Cpurt decision in which all justices vote the same way |
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| The court's opinion expressing the views of a justice(s) who agree with the majority's conclusions but for different reasons |
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1. Unanimous
2. Majority
3. Concurring
4. Dissenting |
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| How do most cases come to the Supreme Court? |
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| The Process of an Appeal Case |
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1. Petition for Writ of "Cert"is given to the court
2. 1/3 of the cases are put on a discuss list by justices or law clerks
3. If four of the justices agree they will accept the case- "the rule of 4"
4. The case will then be handled in three ways
a. returned to lower court for new decision
b. per curiam opinion
c. full consideration |
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| How many cases are heard by the Court? |
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| After the Court accepts a case, what 3 decision could be made? |
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1. return to lower court
2. per curiam opinion
3. full consideration |
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| How many justices does it take to accept a case? |
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| What is the first thing that has to happen in order for the Court to hear a case? |
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| petition for writ of "Cert" |
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| When cases are accepted for full consideration, what 5 actions are taken? |
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1. Briefs from both lawyers and possibly lobbiests
2. Oral Arguments
3. Conference
4. Vote
5. Opinion |
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| How long are oral arguments for each side of the case? |
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| On what days does the Sumpreme Court hold confernce and what so they do? |
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1. Fridays
2. They shake hands, keep things secret, spend 30 min on each case, and spend 5 mins on possible furture cases. |
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| List 3 things to remember about the Court's Vote |
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1. 6 members must be present
2. majority rules
3. if it ties, the lower court's decision stays |
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| frequently defended dissenting opinions of the court |
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| too poor to hire a lawyer and appealed to the court that in order to have a fair trial he should be appointed a lawyer by the state. He won his appeal and the justices opionion came down on his side. |
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| the Supreme Court's power to examine the laws and actions of local, state, national governments and to cancel them if they violate the Constitution |
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| What case did the Supreme Court assume the power of Judicial Review? |
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| the court limits the power of the President or refuses to spend money the Congress has appropriated |
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| the Court ruled that police had acted uncostitutionally and had violated a suspect's rights- thus starting the reading of your miranda rights |
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| Latin term that means "let the decision stand" |
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| a ruling on a law or action that has not been challenged |
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| coalition that promotes a common interest |
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| cleared the way for the end of segregated schools throughout the nation |
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| What limits are on the Sumpreme Court? |
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1. types of issues
2. types of cases
3. limited agenda
4. enforcement power
5. checks and balances |
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| What 2 types of institution is the Supreme Court? |
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| 3 ways Policy is determined |
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1. Judicial Review
2. Interpreting the Law
3. Overturning the Law |
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| What 3 cases set policy by Judicial Review? |
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1. Dred Scott
2. Brown v Board of Ed
3. Miranda v Arizona |
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| the Court ruled that the Missouri Compromise, which banned slavery in some territories, was unconstitutional |
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| Congress uses very general language in framing its laws, leaving it to others to interpret how the law applies to a specific situation. The Disablities Act and the Civil Rights Act have lead many cases to the Supreme Court. |
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| Overturning Earlier Decisions |
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Stare Decisis and Precedent make a decision on a case predictible
The law is flexible because of the change in the Court's compostition by a justice dying or retiring. |
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| 3 types of issues the court hears |
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1. constitutional questions in civil liberties, economic issues, federal legislation and regulations
2. due process of law
3. disputes between national government and states |
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| What 4 criteria does the Supreme court use to determine the types of cases it will hear? |
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1. cases where the decision will make a difference
2. the person or group bringing the case must have suffered real harm, such as denial of civil liberties or econmic loss
3. cases that involve a substantial federal question |
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| 5 Forces that shape the decisions of the Supreme Court |
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1. Law
2. Personal Views
3. Justice interactions
4. Society
5. Presdient and Congress |
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