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Chapter 8 Section 4
The Supreme Court at Work
| Question | Answer |
|---|---|
| How long is the Supreme Court in session each year? | As long as it takes for the Court to finish the cases it has chosen hear and decide - about 9 months |
| What is a "special session?" | A special session happens when the Court meets to deal with an urgent matter that can't wait until the next term |
| What does the Court do between terms? | The justices study new cases |
| What is the "docket"? | The Court's calendar |
| The Court will accept a case if what number of justices agree to do it? | 4 out of the 9 |
| What does "caseload" mean? | The number of cases handled by the Court while it is in session |
| What is the purpose of the decisions, or opinions, that result from Supreme Court cases? | The opinions establish general principles that apply to the nation as well as the parties involved in the case. Through these cases the Supreme Court INTERPRETS THE LAW and SHAPES PUBLIC POLICY |
| The Supreme Court hear cases that involve significant Constitutional questions such as those about the Bill of Rights and other Constitutional Amendments. Give examples. | Freedom of speech Equal protection of the laws Fair trial |
| The Supreme Court decides cases that involve real people, but the cases must also apply to what? | The nation at large |
| Nearly all cases come to the Supreme Court on appeal from a lower court via a request called a _________ | Writ of certiorari |
| What does "writ of certiorari" mean? | Latin for "to make more certain" |
| What happens when the Court issues a writ of certiorari? | The lower court will send its records on the case to the Supreme Court for review |
| The Supreme Court goes through 5 steps in deciding a case | 1. Written arguments 2. Oral arguments 3. Conference 4. Opinion writing 5. Announcement |
| Once the Court takes a case, the lawyers for each side prepare a "brief." What is a brief? | A written document that explains one side's position on the case |
| How long does each side get to present their oral argument before the Court? | 30 minutes |
| The justices meet in secret to discuss the cases they have been studying. The secret meeting is called a _______ | Conference |
| Who presides over each Conference? | The Chief Justice |
| The justices decide the cases by majority vote. How many justices must be present for the vote? | At least 6 |
| Once the Court decides a case, one justice gets the job of writing the "majority opinion." What is the purpose of the majority opinion? | It presents the views of the majority of the justices on a case |
| What are the components of a majority opinion? | 1. The facts of the case 2. Announcement of the ruling 3. The Courts reasoning in reaching the decision |
| Why are the written opinions important? | They set a precedent for the lower courts to follow. They also announce the Court's view to Congress, the president, to interest groups and the public. |
| A justice who agrees with the majority decision, but has a different reason for agreeing writes a ___________ opinion. | Concurring opinion |
| Justices who oppose the majority decision issue a __________ opinion. | Dissenting opinion |
| When all of the justices vote the same way they issues a _________ opinion. | Unanimous opinion |
| When the Court's opinion writing is done, the Court announces its decision. The court makes its _________. | Announcement |
| What do the Supreme Court and other courts around the country do with the Court's written opinions? | They use the opinions to guide their decisions in new cases. |
| What factors influence the decisions of the Supreme Court? | 1. The law 2. Social conditions 3. Legal views and precedents 4. Personal views |
| What is the foundation for deciding cases that come to the Supreme Court? | The law |
| By following precedents, the courts make the law predictable. A guiding principle for all judges is called "stare decisis" - what does that mean? | Latin for "let the decision stand" |
| When social conditions change, the Court may make new interpretations of the law. Two important cases that are an example of this: | 1. Plessy v. Ferguson - "Separate but equal" segregation 2. Brown v. Board of Education of Topeka, Kansas - the Court overturned the "separate but equal" precedent |
| Federal Power Issue Marbury v. Madison (1803) | Established the Supreme Court's power of judicial review |
| Civil Liberties Issue Brown v. Board of Education (1954) | Overturned Plessy v. Ferguson (1896) which said African Americans could be provided with "separate but equal" public facilities; began school integration |
| Civil Liberties Issue Roe v. Wade (1973) | Legalized a woman's right to abortion under certain circumstances |
| Civil Liberties Issue Bush v. Gore (2000) | Ruled that Florida recount of presidential votes violated the 14th Amendment; recount stopped and Bush became president |
| First Amendment Rights Issue Brandenburg v. Ohio (1969) | Protected all political speech unless it is linked to lawless behavior |
| First Amendment Rights Issue United States v. Eichman (1990) | Struck down Federal Flag Protection Act; held that flag burning is expressive speech |
| Rights of the Accused Issue Gideon v. Wainwright (1963) | Declared that a person accused of a major crime had the right to legal council during trial |
| Rights of the Accused Issue Miranda v. Arizona (1966) | Ruled that at the time of arrest suspects must be informed of their rights prior to questioning |
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