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The Supreme Court at Work
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Basic Facts About the Supreme Court
9 Justices on the Court Each “term” begins first Monday in October and lasts until they are finished. Each year: About 9000 cases appealed to Court Court “accepts” only about 800 cases Court “hears” only about 100 cases 9
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Basic Facts About the Supreme Court
The Court’s job: Interpret the law Shape public policy Set out general principles that apply to the nation as well as specific cases
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How Cases Reach the Court
Original Jurisdiction – only a few cases Appeals from lower courts – majority of cases
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2 Types of “Appeals” Writ of Certiorari – an order from Supreme Court to a lower court to send up the records on a case for review. Must argue that the lower court made a legal error. Must argue that there is some serious constitutional issue in the case. 1
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2 Types of “Appeals” 2 “On Appeal” – when a lower court has ruled a law unconstitutional.
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Steps in Deciding Major Cases
After the Court “accepts” a case: Briefs are submitted The specific parties to the case submit briefs Amicus Curiae briefs 1st Step
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Steps in Deciding Major Cases
2nd Step Oral Arguments before the Court Lawyers for both sides have 30 minutes to present their arguments. Justices interrupt with questions
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Steps in Deciding Major Cases
3rd Step The Conference – “secret” meeting Justices debate the case in private. Justices vote.
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Steps in Deciding Major Cases
4th Step Writing the Opinion Unanimous Opinion Majority Opinion Concurring Opinion *Dissenting Opinion
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Steps in Deciding Major Cases
5th Step The Decision is announced.
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Extra Test Knowledge Justices that usually vote together = VOTING BLOC
A moderate Justice that could vote for either side = SWING VOTE Parties engaged in a lawsuit = LITIGANTS A finding of guilt or innocence = VERDICT
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