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Chap 16 Day 3 Aim: How are justices chosen and how are cases chosen?
Do Now- Pair/Share 1) How does the cartoonist view “diversity”? 2) Do you agree? Why or why not?
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The Backgrounds of Judges and Justices
Characteristics: Generally white males Lawyers with judicial and often political experience Other Factors: Generally of the same party as the appointing president Judges and justices may disappoint the appointing president
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The Backgrounds of Judges and Justices
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The Backgrounds of Judges and Justices
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The Courts as Policymakers: Accepting Cases - Use the “rule of four” to choose cases. (If four justices agree that a specific petition for writ of certiorari should be granted) - Issues a writ of certiorari to call up the case (currently means an order by a higher court directing a lower court, tribunal, or public authority to send the record in a given case for review) - Very few cases are actually accepted each year.
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The Courts as Policymakers
Making Decisions Oral arguments may be made in a case. Justices discuss the case. One justice will write the majority opinion (statement of legal reasoning behind a judicial decision) on the case.
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The Courts as Policymakers
Making Decisions, continued Dissenting opinions are written by justices who oppose the majority. Concurring opinions are written in support of the majority but stress a different legal basis. Stare decisis: to let the previous decision stand unchanged. Precedents: How similar past cases were decided. Original Intent: The idea that the Constitution should be viewed according to the original intent of the framers.
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Assessment Create a multiple choice question based on previous material. Exchange question with neighbor. Share question with class.
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