Court Procedures The Supreme Court is not required to hear all cases presented before it and carefully chooses the cases it will consider. Section 4.

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Presentation transcript:

Court Procedures The Supreme Court is not required to hear all cases presented before it and carefully chooses the cases it will consider. Section 4

Court Procedures (cont.) Supreme Court justices meet each year for a nine-month term. Special sessions Supreme Court justices will place an accepted case on the court's docket, or calendar, if four out of the nine justices agree to do so. Section 4

Court Procedures (cont.) Accepting a case Significant constitutional question Deal with real people and events Address legal rather than political issues Supreme Court Caseload Section 4

Court Procedures (cont.) Constitutional questions: Freedom of speech Equal protection of the laws Fair trial Section 4

Court Procedures (cont.) Supreme Court cases go through a series of steps: Written arguments- a brief explains one side’s position Oral arguments- 30 minutes presented by the lawyer Conference-6 justices must be present. Chief presides, 5 votes needed Opinion writing (different types) Majority concurrent opinion-agrees on decisions for different reasons Dissenting opinion-different from majority Unanimous Announcement-completed writings Section 4

Reasons for Decisions (cont.) There are many factors that influence Supreme Court decisions. Section 4

Reasons for Decisions (cont.) Social conditions: Segregation Plessy v. Ferguson Brown v. Board of Education of Topeka, Kansas Landmark Decisions of the Supreme Court Section 4

Reasons for Decisions (cont.) Different views of the law Personal beliefs Stare decisis” –let the decision stand http://www.pbs.org/wnet/supremecourt/index.html Section 4

The Judicial Branch The Constitution provided for a Supreme Court of the United States as part of a court system that would balance the powers of the other two branches of government. The United States judiciary consists of parallel systems of federal and state courts. VS 1

The Supreme Court The Supreme Court is the final authority in the federal court system. Most of the Supreme Court cases come from appeals of lower court decisions. Judicial review gives the Supreme Court the authority to determine the constitutionality of government laws and actions. VS 3

Decisions of the Court The Court’s decisions are written in an opinion. When all justices unanimously agree on an opinion, it is written for the entire Court in a unanimous opinion. When there is not a unanimous opinion, a majority opinion is written. One or more dissenting opinions are usually written by those justices who do not agree with the majority. VS 4

Figure 4

District Court, Appeals Court, Supreme Court DFS Trans 2

After a suite is brought to the Court, the Court can declare that law unconstitutional. DFS Trans 3

DFS Trans 4