Study Guide

1. What is a writ of certiorari, and how is it used by the Supreme Court?
A writ of certiorari is an order issued by the Supreme Court to a lower court requesting the records of a case for review. It is used by the Supreme Court to select cases it will hear, usually when a case presents an important constitutional issue or legal precedent.

2. Explain the Rule of Four:
The Rule of Four is a Supreme Court practice that allows a case to be granted certiorari if at least four of the nine justices agree to hear it. This ensures that a minority of justices can bring a case before the Court even if the majority is opposed.

3. The Supreme Court itself decides which cases it will hear. Can you think of a criticism of this policy?
One criticism is that the Court has too much discretion and may choose cases based on personal or political interests rather than legal importance. Additionally, many important cases may go unheard because the Court only selects a limited number each term.

4. After briefs are read and oral arguments are held, the Justices conference. Identify some of the specific features of a Supreme Court conference:

• Justices meet in private to discuss cases and vote.

• The Chief Justice leads the discussion and votes first.

• Justices state their opinions in order of seniority.

• No official transcripts or recordings are kept.

• After the vote, the opinion-writing assignments are made.

5. Explain the three types of opinions written by the Supreme Court:

• Majority Opinion: The official ruling of the Court, written by a justice in the majority, explaining the reasoning behind the decision.

• Concurring Opinion: Written by a justice who agrees with the majority decision but has different or additional reasoning.

• Dissenting Opinion: Written by a justice (or justices) who disagree with the majority, explaining why they believe the decision is incorrect.

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