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Published byRoxanne Webb Modified over 9 years ago
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Ch 8 The Judicial Branch 8.4 Deciding Cases at the Supreme Court
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1. court -work from October-June/July -2 weeks for oral arguments -2 weeks in recess -write opinions -study new cases -summer -study applications for review -write opinions
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-trial court -2 cases -foreign diplomats -cases involving states -appeals court -appeals from lower federal or state courts -from lower courts who are not sure how to apply the law
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2. acceptance -make a list of cases to discuss -pick a case once a week for review -4 out of 9 justices are needed to accept a case -placed on the docket -receives 7,000, accepts 200 -cases involve -the country -Constitutional issues
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3. Decision making process -written argument -lawyers prepare briefs -justices study briefs -oral arguments -30 minutes each side to summarize case -justices ask questions
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-conference -Fridays -begin making 1st decisions on cases they have been studying -secret -chief justice presides -need 5 out of 9 justice to decide a case (majority) -6 justices must be present for a decision
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-opinion writing -decision is made - 1 justice writes majority opinion -state facts -the ruling -reason for the decision -sets precedent for lower court to follow -tells Congress, the President, public, and interest groups their view -justices still have time to change their minds
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-3 other opinions -unanimous opinion -all vote the same way -dissenting opinion -concurring opinion -announcement -printed copies go to media -use opinions to guide decisions in new court cases
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4. reasons for decisions -law -should be most important -stare decisis -guiding principle for judges -precedent makes law predictable -overrule out dated precedents
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-social conditions -somewhat protected from political & social pressure -social situations can influence decisions -Plessy v. Ferguson -separate but equal
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-Brown v. Board of Education of Topeka, Kansas -overturned Plessy v.Ferguson -unanimous opinion -segregation is violation of 14 th amendment
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-legal views -justices have different opinions on the law & the role courts play in society
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-personal beliefs -view world based on experiences
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