SC POLI 201 - General characteristics of the Supreme Court (2 pages)

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General characteristics of the Supreme Court



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General characteristics of the Supreme Court

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Pages:
2
School:
University Of South Carolina-Columbia
Course:
Poli 201 - American National Govt

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General characteristics of the Supreme Court The most populous are the court system judiciary where the most people interact with the government Both a legal and political institution Legal aspects Has specific jurisdiction to hear disputes Can only hear legal issues from cases brought specifically before it Lifetime appointment of justices generates certain political institutions Article 1 relatively long article 3 short Political aspects each decision creates a broader policy society Policy making in the court specific dispute brought by litigants court renders a decision for one litigant interpretation of law or general policy statement generates implications for Limitations to Policy Making few decisions per year Around 80 exercise of judicial restraint and deference to other branches Judicial Activism when the court inserts its own preferences over policy for those of another institution Court that potentially has a lot of power History of the Supreme Court Docket History of the Court 1790 1865 issues of federalism 1865 1937 economic issues 1937 Today civil liberties Supreme Court procedure Certiorari approximately 8 000 petitions for a writ of certiorari every year The writ is order takes four justices to grant certiorari 80 cases granted certiorari some cases dismissed Oral Arguments Each litigant receives 30 mins to present case often interruputed Initial Conference Justices meet behind closed doors to discuss the case chief Justice speaks first Associate justices speak in order of seniority Final Decision Every justice speaks with the majority opinion and then they bargain and compromise Majoirty opinion you need 5 justices to sign on but at least 6 of the justices have to be present to hear the case If less than 5 justices sign on then it becomes a plurality opinion Concurring Opinions regular concurrences do not detract from precedent special concurrences argue against legal rationale in the majority opinion and can detract from the precedent Precedent



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