Chapter 12 Flashcards
Writ of Certiorari
An order to send up the records on a case for review
How is a case selected?
Justices and clerks decide which cases are worthy of serious consideration
Cases are put on the discuss list for all justices to consider
4 of 9 justices must agree to accept the case
Per Curiam Opinion
When the court rules on a case without consulting new information
Remmedy
When the parties ask the court for something
Process of Cases
Case accepted by court
Lawyers from both sides submit a brief
Amicus curai submitted by interested parties
The Supreme Court sits for two consecutive weeks each month(cases argued)
Decides the outcome(deliberate)
Important case have an opinion written
Types of Opinions
An opinion may be unanimous
Majority Opinion
Concurring Opinion
Dissenting Opinion
Majority Opinion
The view of the majority of justices
Concurring Opinion
A justice who agrees with majority’s decision but for different reasons may write a concurring opinion
Dissenting Opinion
The opinion of justices on the losing side in a case
What determines public policy?
Judicial review
Interpreting the meaning of laws
Overruling
Reversing its previous decision
How many provisions of federal have the Courts ruled as unconstitutional?
about 150
How many state and local laws have the Courts ruled unconstitutional?
More than 1,270
Types of Cases
Civil liberties Economic issues Federal legislation Regulations Due process of law Suits against government officials
Landmark Cases
Miranda V. Arizona(1966) Dred Scott V. Sandford(1857) Gibbons V. Ogden(1824) Marbury V. Madison(1803) Plessy V. Ferguson(1896) Brown V. Board of Education(1954) Regent of U Of Cal. V. Bakke(1978)
Miranda V. Arizona(1966)a
Arrested after a crime victim identified him
Was not informed of the 5th and 6th amendment
Confessed to crime
Attorney argued the confession should be excluded form trial
Supreme Court agreed, deciding that the police officers did not take the right steps to inform miranda of his rights.
Dred Scott V. Sanford(1857)
Claimed African Americans not citizen
Lower courts said he had a point
Gibbons V. Ogden(1824)
Landmark case
Commerce Clause
Sovereignty had to be there
Marbury V. Madison(1803)
Judicial review(article 3)First time used
Plessy V. Ferguson(1896)
Separate but equal(14th amendment)
Equal protection not social equality
Vote 8 to 1
Brown V. Board of Education(1954)
Established separate was not equal
Reagent of U of Cal. V. Bakke(1978)
Affirmative Action, Equal Protection
Ripe
Ready to be heard right now, have everything together
Moot
Court doesn’t need to settle because it has already been settled
Opposite of ripe
Standing
The right people brought the case
Someone else can’t bring a suit unless there dead or a child
