WHAT WE ASK OF THE SUPREME COURT…

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Presentation transcript:

WHAT WE ASK OF THE SUPREME COURT…

WHAT’S DIFFERENT ABOUT THE AMERICAN JUDICIAL SYSTEM? Why do we have an adversarial system? What does the Bill of Rights say about this? (4, 5, 6, 8) What are the key differences between criminal and civil cases What is the basis for federal court decisions: Statutes, precedent, new circumstances, the Constitution (judicial review) What is the basic structure of the federal court system? District courts (trial) Circuit courts (appellate) and the Supreme Court How are federal judges selected?

HOW CASES GET TO THE SUPREME COURT…

WHAT MAKES A CASE FEDERAL? How do cases get in to the federal courts? Because most don’t Original jurisdiction Appellate jurisdiction Judicial review Class action suits When does the SC take a case? Why doesn’t it take all of the ones it wants to The “rule of four” and “writs of certiorari” Standing: actual cases with real adversaries Ripeness & mootness “Settled law” vs. new or revisited federal questions Decisions counter to previous SC rulings Where there are conflicting court decisions

WHY DO JUSTICES RULE THE WAY THEY DO? What are the different types of opinions? majority, minority, and concurring Different “judicial revolutions” over time Different political orientations: Liberals, majoritarian centrists, and conservatives Different judicial philosophies Original Intent Plain meaning Living-constitution theory

WHAT LIMITS DO THE COURTS HAVE? Judicial activism vs. narrowest reading Deference to precedent No political questions (?) No enforcement mechanism No advisory opinions Congress could change jurisdiction Judicial review only as a last resort