Courts 2 Flashcards
what kind of cases do the Supreme Court take on
Civil liberties
state to state
state to government
or relating to the Constitution
How many courts cases are appealed each year
8000
What kind of court cases do the Supreme Court avoid
too much divide
two controversial
do not pertain to the Constitution
How many court decisions I revealed by the Supreme Court each year
80
what is a per curiam decison
Decision without explanation
Has no value that would future decisions
ex of per curiam decison
bush v gore
How long is the term of the Supreme Court
october to june
8 monthes
Long do lawyers argue their case in the Supreme Court
25 min
what is an opinon
Means of legal reasoning behind decision to case
disserning opinion
c.j does not agree with the majority
concurring decison
agrees with majority BUT HAS DIFFERENT REASONING
Writes the opinion when the c.j is the minoiry
Most senior assistant judge
Happens when there’s a tie supreme court
the lower court decion holds
solistor general deff
pres apointee 3rd ranking office
reponsible appellate court litigation
4 main roles of the solistor gen
1 2 decide whether to appeall cases th gov has lost
2 review and modify briefs presente in appellete courts
3 rep the gov in s.p
4 to submit an amicus curiae on court cass the gov wants to support but not b directly involved in
originalism
veiw the const. should b interperated by the original meaning to the framers
What is the stare decisis
Let the decision stand
appellate courts. Use this principle often
Precedent
How similar cases have been decided in the past a guy to cut decisions the lower courts should follow
Original intent Thoery
Should be consistent with what was meant by those who drafted and ratified the Constitution
Original meaning Theroy
Should be based on the person living at the time and what they would have done
Attitudinal model
Argue policy preferences in order of judicial decison first then precendent
Judicial implementation
How or whether court decisions are translated into actual policy affects the behavior of others
Who is it interpreting population what must they understand
Lawyers and judges must understand and reflect the intent of the decision
Who is the Implementing population what must they do
School boards hospital police government agencies
They must implement the laws
Who is the consumer population and what must they be aware of
the people who would be affected by the Lola change in the law
and they must be aware of it
Judicial activism
The process where the courts make very big bold Constitution adding decisions
Judicial restraint
play a minimal process in policymaking and leave it to the legislators
what is the supreme courts decisionmaking process of cases after they are chosen
1 breifs are submitted by both sides (armicus curiae) 2 oral arguments (lawyers) 3 votes on the cases 4 opinions drafted 5 decision is announced
3 ways cases can reach the Supreme Court
original jurisdiction (rare)
appelles from lower federal courts (most common)
state Supreme Court
