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Courts 5
pg. 527-30
| Question | Answer |
|---|---|
| 5) 1a. When does the Supreme Court meet? | From the first Monday in October until June (conferences weekly) |
| 5) 1b. Describe their two week cycles. | 2 weeks of courtroom arguments then 2 weeks of reflecting on cases and writing opinions about them. |
| 5) 2a. Before "entering the courtroom," what have the justices done? | They have received elaborately written briefs from each party involved. |
| 5) 2b. How long does each lawyer have to argue before the Supreme Court? called oral argument | 30 minutes |
| 5) 2c. What do the justices do during this time? | They may listen attentively, interrupt with penetrating or helpful questions, request information, talk to one another, read (briefs), or simply gaze at the ceiling. |
| 5) 3a. Define an opinion (often called majority opinion), with regards to the SC. | A statement of legal reasoning behind a judicial decision. The content of an opinion may be as important as the decision itself. |
| 5) 3b. Define a dissenting opinion. | Opinons written by justices opposed to all or part of the majority's decision |
| 5) 3c. What is necessary to "win" a case in the SC? | At least 6 justices must participate, and decisions are made by majority vote |
| 5) 4a. Define stare decisis - be complete | A Latin phrase meaning "let the decision stand" Most cases reaching appellate courts are settled on this principle. Means that an earlier decision should hold for the case being considered. |
| 5) 4b. What is true of its role in court decisions? | Judges and justices settle the vast majority of cases on this principle |
| 5) 5a. Define a precedent | The way similar cases were handled in the past |
| 5) 5b. What is required of lower courts with regards to precedent? | They are expected to follow the precedents of higher courts in their decision making. |
| 5) 5c. Can the SC overturn its own precedent? | Yes, it has done it more than 200 times |
| 5) 5d. Provide an example of the above. | Brown v. Board of Education which overruled Plessy v. Ferguson and found that segregation in the public schools violated the Constitution |
| 5) 6. Does the Constitution set any requirements about how judges should interpret it? What is true as a result? | It does not specify a set of rules which justices are to interpret it. Giving rise to a number of approaches to decision making like originalism |
| 5) 7a. Describe the theories of original intent/meaning. | Intent - interpretation of written Const. or law should be consistent with that was meant by those who drafted and ratified it. Meaning - judges should base interpretations on what reasonable persons living at time of adoption would have declared meaning. |
| 5) 7b. Those of which ideology are most likely to support this view? | Supported by conservatives mostly |
| 5) 7c. Provide one argument of those who support this theory. | It's a means of constraining the exercise of judicial discretions, the foundation of liberal Courts decisions, especially on matters of civil liberties, civil rights and defendant's rights. |
| 5) 7d. Provide two arguments of those who oppose it. | The founders embraced not specific solutions but general principles. There is often no record of their intentions, nor is it cleat whose intentions should count. |
| 5) 7e. What type of issues could the framers "not have imagined?" | Campaign financing, abortions, the Internet, and wiretapping |
Created by:
Matti
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