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Judicial Processes & Behaviors > Supreme Courts > Flashcards

Supreme Courts Flashcards

1
Q

How many cases per year do State Supreme Courts hear?

A

tens of thousands

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2
Q

Purpose of State Supreme Courts

A
  1. Clarify errors made in law application and interpretations
  2. Used to engage in state policy-making
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3
Q

How do Supreme Courts differ across states?

A
  • 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
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4
Q

State Constitutions

A

More detailed and easier to amend.

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5
Q

How are State Constitutions amended?

A

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

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6
Q

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

A

1970s

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7
Q

New Judicial Federalism

A

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

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8
Q

What led to New Judicial Federalism movement?

A

SCOTUS growing more conservative

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9
Q

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

A

Mirror eachother

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10
Q

Who is the final say on a state law?

A

State Supreme Court

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11
Q

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

A

Because Federal Bill of Rights did not always apply to states

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12
Q

When does SCOTUS have Original Jurisdiction?

A

Cases involving 2 or more states

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13
Q

How do cases under SCOTUS original jurisdiction operate?

A
  1. Case goes straight to SCOTUS
  2. Special Master hears evidence
  3. SM submits findings and recommendations to justices
  4. Justices hear oral arguments
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14
Q

Special Master

A

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

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15
Q

Why does SCOTUS use a Special Master?

A

Supreme Court was not built to be a trial court

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16
Q

Most SCOTUS cases are heard under what jurisdiction?

A

Appellate Jurisdiction

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17
Q

Mandatory Appeals

A

Cases involving lower court decisions that have declared federal laws unconstitutional

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18
Q

How common are mandatory appeals in SCOTUS case load?

A

Small fraction

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19
Q

Writ of Certiorari

A

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

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20
Q

How common are Writs of Certiorari heard by SCOTUS?

A

Majority of their cases

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21
Q

Rule of 4

A

4 Supreme Court Justices must want to hear the case.

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22
Q

Certification

A

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

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23
Q

Who requests writs of certification?

A

Lower courts themselves

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24
Q

How common are Certification in SCOTUS caseload?

A

very rare. Mostly replaced by Writs of Certiorari

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25
Q

How many cert petitions does SCOTUS recieve per year?

A

7,000-8,000

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26
Q

How many cases does SCOTUS hear per year?

A

80

27
Q

How do the justices handle so many petitions?

A

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

28
Q
A
29
Q

Merit Docket

A

cases that will be heard on oral argument

30
Q

Role of SCOTUS justice overseeing an assigned Circuit court?

A

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

31
Q

Shadow/Emergency Docket

A

Applications seeking immediate action from the Supreme Court

32
Q

How do Emergency docket cases differ from Merit Docket cases?

A

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

33
Q

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

A

2016

34
Q

Where do most Shadow Docket requests come from?

A

Department of Justice

35
Q

On the merits

A

Decision or judgement of a case based on facts

36
Q

Factors Supreme Court considers when reviewing lower court injunctions/orders

A
  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.
37
Q

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

A

Be trained in the law

38
Q

Current Chief Justice

A

Roberts

39
Q

9 SCOTUS justices

A
  1. John Roberts
  2. Clarence Thomas
  3. Samuel Alito
  4. Sonia Sotomayor
  5. Elena Kagan
  6. Neil Garsuch
  7. Brett Kavanaugh
  8. Amy Coney Barrett
  9. Ketanji Brown Jackson
40
Q

Standing

A

Person’s right to bering a lawsuit. Must have a legal stake in the suit. Harm has occurred or is eminent

41
Q

Ripeness

A

Legal issues are clear and present for adjudication. Can’t be brought TOO EARLY.

42
Q

Mootness

A

Issues in case are “dead,” and therefore case is not justiciable. Case can’t be TOO LATE.

43
Q

Political Question Doctrine

A

Court refuses to hear case they believe should be decided by other govt. branch. Staying within confines of separation of power.

44
Q

Players at Supreme Court

A
  • Lawyers
  • Interest groups
  • Solicitor General
45
Q

Solicitor General

A

Chief litigator on behalf of Federal govt.

46
Q

Solicitor General also known as the

A

“10th Justice”

47
Q

Who does the SG report to?

A

Attorney General

48
Q

What does SG decide?

A

What cases to present to SCOTUS

49
Q

When is SG required to do oral arguments?

A

When Federal govt. is party in a case

50
Q

Can SG deliver oral arguments for cases that Federal Govt. is not party in?

A

If SCOTUS “calls for views of the SG”

51
Q

Who must government agencies get approval from before appealing cases to Court of Appeals and/or SCOTUS

A

Solicitor General

52
Q

Success rate of SG in SCOTUS litigation

A

High

53
Q

Per curiam

A

Short memorandum issued by court rather than specific judge. Briefly mentions issue, law, and court decision.

54
Q

Chief justice’s task prior to conference

A

Makes list of writs to discuss

55
Q

What must a case present for SCOTUS to grant cert?

A

Federal question

56
Q

Categories of federal questions

A
  • Constitutional question
  • Question of federal law
  • Instance when federal govt. is a party
57
Q

When are per curiam opinions typically given?

A

In cases without oral arguments or expedited rulings

58
Q

Opinion assigning if CJ is in majority

A

Chief Justice assigns the opinion

59
Q

If CJ is in majority, who assigns opinion?

A

Highest ranking justice in majority

60
Q

Factors of consideration for assigning opinion

A
  • Workload
  • Ideology
  • Law specialization
  • Self-assignment (CJ writes opinion himself)
61
Q

Issue fluidity

A

Sometimes justices decide on issues not squarely presented by litigants.

62
Q

Trends in colleges in current Supreme Court Justices

A

Most obtained a JD at an Ivy League school. (Yale, Harvard)

63
Q

Trends in Supreme Court Justices’ backgrounds

A
  • All have JDs
  • Most clerked for a circuit judge or justice
  • Most served on federal courts (appeals or circuits)

Judicial Processes & Behaviors (8 decks)

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