Ch 8 The Judicial Branch

8.4 Deciding Cases at the Supreme Court

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

-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

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

3. Decision making process -written argument

-lawyers prepare briefs-justices study briefs

-oral arguments-30 minutes each side to summarize case-justices ask questions

-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

-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

-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

4. reasons for decisions -law

-should be most important-stare decisis

-guiding principle for judges -precedent makes law predictable

-overrule out dated precedents

-social conditions-somewhat protected from political & social pressure-social situations can influence decisions

-Plessy v. Ferguson-separate but equal

-Brown v. Board of Education of Topeka, Kansas -overturned Plessy v.Ferguson

-unanimous opinion-segregation is violation of 14th amendment

-legal views-justices have different opinions on the law & the role courts play in society

-personal beliefs

-view world based on experiences