Supreme Courts

Question 1

How many cases per year do State Supreme Courts hear?

Answer 1

tens of thousands

Question 2

Purpose of State Supreme Courts

Answer 2

1. Clarify errors made in law application and interpretations
2. Used to engage in state policy-making

Question 3

How do Supreme Courts differ across states?

Answer 3

• Assignment of opinions
• order in which votes are cast
• Some courts do not have total control of their dockets
• Some courts have elected justices w/ non-partisan or partisan elections

Question 4

State Constitutions

Answer 4

More detailed and easier to amend.

Question 5

How are State Constitutions amended?

Answer 5

Go through General Assembly and then put on ballot to be voted on by public

Question 6

When did State Supreme Courts begin adding more context to State Constitutions?

Answer 6

1970s

Question 7

New Judicial Federalism

Answer 7

Movement in State Supreme Courts to provide broader protection of individual rights through State Constitutions than what Bill of Rights ensures.

Question 8

What led to New Judicial Federalism movement?

Answer 8

SCOTUS growing more conservative

Question 9

How do issues at state level connect to issues at federal level?

Answer 9

Mirror eachother

Question 10

Who is the final say on a state law?

Answer 10

State Supreme Court

Question 11

Why did States have to make their own Bill of Rights?

Answer 11

Because Federal Bill of Rights did not always apply to states

Question 12

When does SCOTUS have Original Jurisdiction?

Answer 12

Cases involving 2 or more states

Question 13

How do cases under SCOTUS original jurisdiction operate?

Answer 13

1. Case goes straight to SCOTUS
2. Special Master hears evidence
3. SM submits findings and recommendations to justices
4. Justices hear oral arguments

Question 14

Special Master

Answer 14

Person appointed by the court to hear evidence and submit findings and recommendations based on that evidence

Question 15

Why does SCOTUS use a Special Master?

Answer 15

Supreme Court was not built to be a trial court

Question 16

Most SCOTUS cases are heard under what jurisdiction?

Answer 16

Appellate Jurisdiction

Question 17

Mandatory Appeals

Answer 17

Cases involving lower court decisions that have declared federal laws unconstitutional

Question 18

How common are mandatory appeals in SCOTUS case load?

Answer 18

Small fraction

Question 19

Writ of Certiorari

Answer 19

Losing party petitions Supreme Court to hear their case and must be granted by discretionary review

Question 20

How common are Writs of Certiorari heard by SCOTUS?

Answer 20

Majority of their cases

Question 21

Rule of 4

Answer 21

4 Supreme Court Justices must want to hear the case.

Question 22

Certification

Answer 22

Courts may request Writs of Certification from SCOTUS to clarify points of federal law.

Question 23

Who requests writs of certification?

Answer 23

Lower courts themselves

Question 24

How common are Certification in SCOTUS caseload?

Answer 24

very rare. Mostly replaced by Writs of Certiorari

Question 25

How many cert petitions does SCOTUS recieve per year?

Answer 25

7,000-8,000

Question 26

How many cases does SCOTUS hear per year?

Answer 26

80

Question 27

How do the justices handle so many petitions?

Answer 27

Most use a pool assigning writs to various law clerks
Clerks read and prep memos on the cases they think should be heard.

Question 29

Merit Docket

Answer 29

cases that will be heard on oral argument

Question 30

Role of SCOTUS justice overseeing an assigned Circuit court?

Answer 30

if emergency orders or applications arise, assigned justice hears it first

Question 31

Shadow/Emergency Docket

Answer 31

Applications seeking immediate action from the Supreme Court

Question 32

How do Emergency docket cases differ from Merit Docket cases?

Answer 32

Emergency docket does not decide merits of the case.
Look at temporary fixes for an issue

Question 33

Important and consequential rulings coming from shadow docket have increased since…

Answer 33

2016

Question 34

Where do most Shadow Docket requests come from?

Answer 34

Department of Justice

Question 35

On the merits

Answer 35

Decision or judgement of a case based on facts

Question 36

Factors Supreme Court considers when reviewing lower court injunctions/orders

Answer 36

1. Reasonable probability that 4 justices will grant cert.
2. There is a “fair prospect” that a majority of the court will conclude the decision below on the merits was erroneous.
3. That irreparable harm will result from the denial of the stay.
4. In a close case, the Circuit court may try to balance the equities by exploring relative harms to the applicant and respondent, as well as the interests of the public at large.

Question 37

What is the one requirement to be on the US Supreme Court?

Answer 37

Be trained in the law