SC POLI 101 - Logic6eCh09Outline (18 pages)

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Logic6eCh09Outline



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Logic6eCh09Outline

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Powerpoint of Chapter 9 (The Logic of American Politics)


Pages:
18
School:
University Of South Carolina-Columbia
Course:
Poli 101 - Controver World Politics

Unformatted text preview:

9 The Federal Judiciary General Characteristics of the Supreme Court 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 insulation Political Aspects Each decision creates a broader policy implication Legal interpretation subject to ideological influence General Characteristics of the Supreme Court Policy Making on the Court Specific dispute brought by litigants parties Court renders a decision for one litigant Interpretation of law or general policy statement generates implications for society 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 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 Takes four 4 justices to grant certiorari known as the Rule of Four Approximately 80 cases granted certiorari Some cases Dismissed as Improvidently Granted DIG Occurs after initial grant of certiorari case is not reviewed Supreme Court Procedure Oral Arguments Each litigant receives 30 minutes to present case Often interrupted by the justices which uses up their time Initial Conference Justices meet behind closed doors to discuss the case Chief Justice speaks first Associate justices speak in order of seniority Vote taken on case If Chief is in the majority coalition he assigns the opinion author Otherwise most senior Associate Justice in the majority assigns Supreme Court Procedure Final Decision Final vote taken based on the language of the majority opinion each justice votes Simple majority vote determines which litigant wins the case In



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