Judicial System

T/F - The people are DIRECTLY involved with the nomination of supreme court judges

False

The president nominates judges

What is lined and NOT lined regarding the boundaries of supreme court judges

• Supreme court rulings limited to what is said in law

• No boundaries for who becomes a judge or their terms

How many judges are in the supreme court

9

original jurisdiction (def + when)

Supreme court hears the case first

for foreign diplomat + (inter)state cases

the following case would be under what jurisdiction:

Miyawaki v. State of Texas

original jurisdiction

appellate jurisdiction (def + when)

Supreme court reviews cases already reviewed in lower courts

for Constitution cases, federal law, regulations, treaties

A case regarding review of an oil company’s release of fossil fuels violating federal emission laws would be under what jurisdiction?

appellate jurdistiction

which party is most likely to appeal to the Supreme Court

loser

rule of 4

4/9 judges must be willing to review the appeal for it to go to the Supreme Court

writ of certiorari

request that the lower court submits court records to Supreme Court

T / F - Most appeals are successful

True

¾ appellate courses, Supreme Court disagrees with the lower court

What are the factors to determine if a case will be appealed

• Ripeness - Topical vs Theoretical

• Mootness - applicable vs outdated

• Standing - impacted v. unharmed

Would the supreme court accept an appellate case with a prosecution making the following argument? Why/why not?

Deny by ripeness

The case is purely theoretical

Would the supreme court accept an appellate case regarding withholding vaccination resources during the COVID-19 pandemic? Why/why not?

Accept by mootness

The case is occurring during a pandemic where resource distribution is crucial.

Explain the process of a hearing

30 minute attorney argument + provide brief (broad argument) → confidential judicial conference (discussion)

Differentiate decision from opinion

• decision is which party won; only one

• opinion is the basis of the decision; can have multiple

differentiate a majority opinion from a plurality opinion

• majority opinion a majority of judges agree on one opinion

• plurality opinion, the opinion held by the most judges in a decision

differentiate a concurring opinion from a dissenting opinion

• concurring opinion agrees with majority decision, but disagree with majority opinion

• dissenting opinion disagrees with majority decision + opinion

per curiam opinon

undecided opinion

Determine the type of opinions by votes + stance:

A: 5 (Free school lunches)

B: 3 (Free school lunches within certain tax bracket)

C: 1 ( No free school lunches)

A - majority opinion

B - concurring opinion

C - dissenting opinion

Determine the type of opinion by votes:

A: 3 (Enforce plastic bag bans + free paper bags)

B: 2 (Enforce plastic bag bans + paid paper bags)

C: 2 (Enforcing plastic bag bans + paid textile bags)

D: 1 (No reform)

E: 1 (No opinion cast)

A - plurality opinion

B + C - concurring opinion

D - dissenting opinion

E - per curiam opinion

Who writes the opinion

Chief justice if in plurality

else senior justice in plurality

T/F - The decision and opinion are decided at the same time

False

The opinion is written first then the decision is issued

Allows justices to change their mind

Article III of US constitution

For Supreme Court justices:

• Can only respond to a case if original or appellate jurisdiction

• The facts of the case must be parallel with its decision (eg. an carbon emission case cant involve free speech)

statutory law

legislative law that must be accounted for in consistent rulings

precedent

previous rulings

plain meaning rule

application of statutory law based on common sense

The idea that federal fishing laws also applies to sharks is decision making by ____

plain meaning rule

In previous rulings, a company was fined in Supreme Court for uprooting endangered plant species. A contemporary decision regarding similar uprootings is by ___

precednet

T/F - Even if not elected, justices still consider the public’s reaction

True

Justices aware of possible mass outroar (eg. not applying Brown v. Board immediately)

amicus curae

interest groups petitioning justices for their position on court cases

A trial to discuss gun restrictions has NRA petition to maintain gun usage. The NRA, however, has no direct involvement with the case. The NRA’s petition is an example of ___

amicus curae

test cases

attempts by groups or individuals to set a precedent

The Scopes trial was a trial explicitly crafted to bring attention to creationism v evolution. The trial is an example of a ______

test case

How do the other branches of government affect judicial rulings and cases

• Congress can rewrite rulings if they believe the Supreme Court misinterpreted the case

• The president has influence on what cases reach the courts

• Presidential appointment of judges increases party polarization

T/F - Judiciary ruling is obligated to be upheld

False

Requires enforcement by other branches (eg. marijuana control)