GR: The Supreme Court in Action
What are the 5 steps of Supreme Court Action?
1. Accepting a case 2. Reading Briefs 3. Hearing Oral Arguments 4. Deciding the Case 5. Writing the Descision
What four things do Interest Groups do for getting cases to the court?
1. Creating the case 2. Find the plaintiffs 3. Choose the legal strategy 4. Mobilize legal allies
What 3 opinions can the court issue about a case?
1. Majority opinion 2. Concurring opinion 3. Dissenting Opinion
Once a case is accepted, what 5 steps are taken by the court?
1. The court reads briefs 2. Heard oral arguments and occasionally Amicus Curie Briefs 3. Deciding the case in secrecy 4. Writing the descision
What 4 ways does the court "Make Policy?"
1. The court rules laws unconstitutional 2. The court changes it's mind 3. Thendegree the court handles matters it once left to legislatures 4. The court imposes legal remedies in a situation
What are Oral Arguments?
30 minute arguments presenting the case, allowing judges to question the lawyer. Oral Arguments are sometimes Amicus Curie Briefs.
What dilemma does the court face when granting or not granting Writ?
A. Granting writs too frequently will allow a flood of cases B. If Writs are granted rarely, the Fed court of appeals have last say in interpreting the const.
What is "Stare Decisis" in the court's shaping of public policy?
An informal rule where a court case is to be settled in a accordance with prior descision o nsimilar cases
What role do clerks play in granting writ of certiorari?
Clerks of decide which case are to be heard, and draft the opinions of justices on cases.
How does the court "often ruling laws unconstitutional" shape public policy?
It shows stars what is an illegal policy to set
Majority Opinion:
Majority opinion reflects the majority view.
Concurring opinion?:
Opinion of one or more justices agreeing with the majority for different reasons
How does how often the court changes its mind shape public policy?
The changing of previous descisions allows for what can and cannot be passed as policy/legislation
When does the court grant Writ of Certiorari?
The court grants Writ of certiorari when the court accepts an appeal
Who is the Solicitor General?
The federal court's top trial lawyer
What are Briefs?
The first course of action, and a written statement read by the court explaining one sides argument
What happens in case of a tie?
The lower court descision is left standing.
What is the rule of 4?
The number of judges needed to agree to hear a case and grant Writ of certiorari
Dissenting option:
The opinion of losing justices
What are Amicus Curie Briefs?
Where an interest is indirectly involved in a cases and provides a written or oral Briefs as a "friend of the court"
What is deciding the case?
Where judges meet every Friday in their conference room to debate the case
What is Writ of Certiorari?
Writ of Certiorari is when the Supreme Court decides to accept an appeal.