Ch. 12 -Supreme Court Decision Making by smx43008

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									Ch. 12 -Supreme Court
Decision Making
    Sec. 1--The Supreme Court
    at Work
Term = Begins first Monday in October
   Procedures
     Court sits two straight weeks each month
         Listens to lawyers on Monday-Wed.
         Wed/Fri. they met in private to decide cases
         Next two weeks is paper work.
         Work on Opinions-written statements on cases previously heard.
    How Cases Reach Court
          Discuss on Friday the cases if “4 agree” (rule of four) the case will
           move on.
     1. Usually appeal from lower court a writ of certiorari- order from the
           Court to a lower court to send up records on a case for review.
     2. On appeal- usually dismissed (lower court ruling stands)
     3. Case involving federal gov’t
     -----They can decide then and rule with a per curiam opinion- brief,
           unsigned statement of Court’s decision
Sec. 1--The Supreme Court
at Work
        Steps in Deciding Major Cases
          Submit a brief (written statement setting forth the
           legal arguments, relevant facts)
          Oral Argument- 30 min. (lights to let know time
           remaining)
          The Conference- shake hands then discuss case
           for 30 min. Must have majority vote (min. of 6
           must be there, in tie; lower court decision is
           upheld)
          Then opinion is written
             4 types—unanimous, majority, concurring, dissenting
Sec. 2- Shaping Public
Policy
 Tools for Shaping Policy
   --Shapes policy 3 ways
   a. Using judicial review-power to examine laws
   and actions.
   b. Interpreting meaning of laws-Disability Act of
   1990 and PGA golfer.
   c. Overruling or reversing previous decisions
Sec. 2- Shaping Public
Policy
 Limits on Supreme Court
  a. Limits on types of issues- don’t give equal
  attention to all national issues.
  b. Limit on types of cases- only hear cases that
  there is harm not just objection, must affect many
  people. Usually stay out of political issues.
  c. Lack of enforcement power- issues like
  integration and school prayer for example
  d. Systems of Checks and Balances
Sec. 3- Influencing Court
Decisions
   Five forces shape the decision the Court Makes
    1. Existing Law case
    2. the personal view of justices
         Blocs (coalition of justices)
         Swing vote (inconsistent view, neither conservative/liberal)
    3. justices interactions with one another
         Good relations usually enable them to work out difference

    4. social forces and public attitude
         Two major decisions on racial segregation show that.
    5. Congress and President
         President’s appoint justices (how do they enforce decisions)
         Pass laws to limit remedies of Courts, propose amendments

								
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