The appellate process at the Supreme Court: Step 4 Flashcards
1
Q
What are the different tools that Justices use to make decisions?
A
-Constitution
-Federal law
-Oral argument (not as important)
-Precedent
-Judicial philosophy
-Consequence (how is their decisions going to affect the country)
2
Q
What are the judicial philosophies that we discussed? (two major philosophies)
A
Originalism- (Textualism)- words in the constitution are static (unchanging)(stay the same)
-the meaning of the words do not change
Evolutionism- (living constitutionalism)
-words in the Constitution should be understood the way we do today (modernized)
3
Q
What is precedent?
A
Using Previous cases to answer current cases