Chapter 14 + Chapter 15

Question 1

Justiciability

Answer 1

other considerations that decide if a case will be dropped

Question 2

J: Mootness

Answer 2

can we provide some kind of remedy

Question 3

J: Standing

Answer 3

did the plaintiff actually suffer

Question 4

J: Ripe

Answer 4

all other bureaucratic processes have been exhausted

Question 5

J: No collusions

Answer 5

defendant and plaintiff seek different things from the court

Question 6

Criminal side and Justiciability (2)

Answer 6

(1) this there sufficient evidence

(2) was evidence collected correctly

Question 7

Individual case elements:

1) Macro considerations
2) policy considerations

Answer 7

1) social problems/ have huge precedent

2) was there a problem with a precise line of decision making (individual cases)

Question 8

Individual case elements:

1) Incontinences across circuits
2) original jurisdiction
3) mandatory appeal
4) discretionary appeals

Answer 8

1) are the cases really the same ? Are they fully federal questions?
2) (Trail phase 1st court a case is heard in )
found by Article 3 of the constitution
3) you have to hear this case (civil rights+ voting rights)
4) write a petition for the writ of certairi

Question 9

Justices will be looking at cases that their interested in by having law clerks look for clear cases that would help work on cases of _____________

Answer 9

their interest for them

Question 10

Amicus briefs at the Pwc phase

Answer 10

Amicus briefs at the Pwc phase = Why /why not supreme court should take the case
Response to the Writ certiorai
Petitioner-asking the court to hear the case “last loser”
Respondent – Why the court should not take the case ?

Question 11

During the conference….

Answer 11

4 judges must want to hear the subject … put it on the docket
group cases that are similar are made into 1 (make a macro decision)

Question 12

steps for the supreme court judges/decisions
P
B
O
C
W
F

Answer 12

1) petition for a writ. of cert
2) briefs on the merits that are filed by the parties (who should win + why)
3) oral arguments (30 minutes for each side)
Court can invite the Solicitor General
4) conference on the case
5) opinion writing to circulation
6) final signing

Question 13

Certiorari

Answer 13

an order from the higher courts exercising the right to look at the lower courts decisions

Question 14

Advisory opinion

Answer 14

Judicial ruling in the absence of an actual case or controversy; a ruling in a hypothetical case without bona fide litigants

Question 15

special master

Answer 15

Person appointed by a court to hear evidence and submit findings and recommendations based on that evidence. The Supreme Court typically uses special masters in original jurisdiction cases.

Question 16

amicus curiae

Answer 16

friend of the court

Question 17

in forma pauperis

Answer 17

Allowing a poor person to bring suit without liability for the costs of the suit.

Question 18

Doctrines of access

Answer 18

impact peoples access to the court

Question 19

Solicitor General

Answer 19

Third-ranking official in the U.S. Department of Justice, who conducts and supervises government litigation in the Supreme Court”

• privlidged position
• allowed to send in briefs without permission
• repeat player

Question 20

per curiam decision

Answer 20

unsigned opinion of the court