Podcast
Questions and Answers
Julia is charged with shooting and killing her ex-boyfriend in San Diego. The district attorney brings charges in which ______?
Julia is charged with shooting and killing her ex-boyfriend in San Diego. The district attorney brings charges in which ______?
court
Julia appeals her conviction for murder in the second degree to which ______?
Julia appeals her conviction for murder in the second degree to which ______?
court
John vandalizes an IRS building and is charged in which ______?
John vandalizes an IRS building and is charged in which ______?
court
Wyoming is suing Colorado over the legalization of marijuana and files a lawsuit in which ______?
Wyoming is suing Colorado over the legalization of marijuana and files a lawsuit in which ______?
Kyra believes her termination violates a state statute protecting new mothers and decides to appeal up to which higher ______?
Kyra believes her termination violates a state statute protecting new mothers and decides to appeal up to which higher ______?
Five states ask which ______ to review their case regarding a new congressional law on abortion?
Five states ask which ______ to review their case regarding a new congressional law on abortion?
The parents of two suspended students appeal to which higher ______ after the school district wins the first case?
The parents of two suspended students appeal to which higher ______ after the school district wins the first case?
Teachers sue an Ohio school district, and their case is heard in which ______?
Teachers sue an Ohio school district, and their case is heard in which ______?
Several small businesses in New York appealing to which ______ after losing their initial case in trial court?
Several small businesses in New York appealing to which ______ after losing their initial case in trial court?
The state of New York decides to appeal the ruling in which ______ after small businesses win their appeal?
The state of New York decides to appeal the ruling in which ______ after small businesses win their appeal?
The Supreme Court looks for three things when choosing which cases to hear: significance, _____, and conflicts among lower courts.
The Supreme Court looks for three things when choosing which cases to hear: significance, _____, and conflicts among lower courts.
A writ of _____ is an order issued by the Supreme Court to review a lower court's decision.
A writ of _____ is an order issued by the Supreme Court to review a lower court's decision.
The job of the _____ is to represent the United States in cases before the Supreme Court.
The job of the _____ is to represent the United States in cases before the Supreme Court.
The 'rule of _____' states that at least four justices must agree to hear a case.
The 'rule of _____' states that at least four justices must agree to hear a case.
Supreme Court hearings are different from typical trial courts because they focus on legal questions rather than direct _____ of evidence.
Supreme Court hearings are different from typical trial courts because they focus on legal questions rather than direct _____ of evidence.
During the oral argument phase, each side presents its legal _____ to the justices.
During the oral argument phase, each side presents its legal _____ to the justices.
Once the Supreme Court rules on a case, the ruling is enforced by the _____ branch of government.
Once the Supreme Court rules on a case, the ruling is enforced by the _____ branch of government.
Judicial _____ refers to justices who believe in limiting the powers of the courts to interpret the Constitution.
Judicial _____ refers to justices who believe in limiting the powers of the courts to interpret the Constitution.
Public opinion can sway the Supreme Court's actions, causing justices to consider _____ when making decisions.
Public opinion can sway the Supreme Court's actions, causing justices to consider _____ when making decisions.
The concept of the 'living' constitution suggests that the Constitution should be interpreted in the context of _____ changes.
The concept of the 'living' constitution suggests that the Constitution should be interpreted in the context of _____ changes.
Flashcards
Court for Julia's murder case
Court for Julia's murder case
State trial court in San Diego, California
Court for Julia's appeal
Court for Julia's appeal
State appellate court in California
Court for John's IRS vandalism case
Court for John's IRS vandalism case
Federal trial court
Court for Wyoming vs. Colorado marijuana case
Court for Wyoming vs. Colorado marijuana case
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Court for Kyra's job termination appeal
Court for Kyra's job termination appeal
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Supreme court for abortion law
Supreme court for abortion law
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Court for students' protesting case
Court for students' protesting case
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Court for health coverage lawsuit
Court for health coverage lawsuit
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Court for minimum wage lawsuit
Court for minimum wage lawsuit
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State's appeal court in minimum wage lawsuit
State's appeal court in minimum wage lawsuit
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Supreme Court decision-making process
Supreme Court decision-making process
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Supreme Court original jurisdiction
Supreme Court original jurisdiction
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Supreme Court appellate jurisdiction
Supreme Court appellate jurisdiction
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Supreme Court case selection criteria
Supreme Court case selection criteria
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Writ of certiorari
Writ of certiorari
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Amicus curiae brief
Amicus curiae brief
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Solicitor General's role
Solicitor General's role
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Rule of Four
Rule of Four
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Supreme Court hearings vs. trial court
Supreme Court hearings vs. trial court
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Oral arguments (Supreme Court)
Oral arguments (Supreme Court)
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Enforcing Supreme Court rulings
Enforcing Supreme Court rulings
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Supreme Court ruling non-enforcement example
Supreme Court ruling non-enforcement example
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Public opinion influencing Supreme Court
Public opinion influencing Supreme Court
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Constitutional requirements for justices
Constitutional requirements for justices
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Presidential considerations for nominees
Presidential considerations for nominees
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Judicial restraint vs. activism
Judicial restraint vs. activism
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Plessy v. Ferguson vs. Brown v. Board
Plessy v. Ferguson vs. Brown v. Board
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Originalism
Originalism
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Originalism criticisms
Originalism criticisms
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Living Constitution
Living Constitution
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Living Constitution criticisms
Living Constitution criticisms
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Checks on the Supreme Court
Checks on the Supreme Court
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Study Notes
Criminal Cases and Courts
- Julia's Case (Murder): Charges filed in San Diego state court; appeal to a higher state appellate court.
- John's Case (Vandalism): Charged in federal court.
- Wyoming v. Colorado (Marijuana): Lawsuit filed in federal court.
- Kyra's Case (Firing): Appealed to the state's highest court in her state.
- States' Abortion Law Case: Appeal to the Supreme Court.
- Student Protest Case: Parents appealed to higher state appellate court.
- Teachers' Health Coverage Case (Ohio): Case in federal court (likely district court).
- NY Small Businesses Case (Minimum Wage): Appealed to the state appellate court; state of NY appealed the ruling to the highest New York state court.
Supreme Court Information
Supreme Court Case Types & Jurisdiction
- Original Jurisdiction: Cases involving disputes between states, or specific disputes defined by the Constitution.
- Appellate Jurisdiction: Cases appealed from lower courts, usually based on legal errors, where one wishes the decision to be overturned.
Case Selection Criteria
- Supreme Court criteria for selecting cases: Matters of significant legal impact, cases with conflicting rulings affecting similar cases.
Supreme Court Procedures
- Writ of Certiorari: A formal request for the Supreme Court to review a lower court's decision.
- Amicus Brief: A brief filed by a party who is not a direct party to the case but has a relevant interest.
Supreme Court Personnel
- Solicitor General: Represents the federal government in Supreme Court cases.
Supreme Court Operation
- Rule of Four: A majority of at least four justices must agree to hear a case.
- Supreme Court Hearings: Hearings are different than trials, usually involve oral arguments and legal briefs.
- Oral Arguments: Attorneys present their case and answer the justices' questions.
- Enforcing Supreme Court Rulings: The court relies on other branches of government for enforcement of its rulings.
Supreme Court Influences
- Public Opinion: Rarely, but sometimes public opinion can sway the justices' decision.
Supreme Court Nomination Process
- Constitutional Requirements for Justices: No explicit requirements in the Constitution. All justices are appointed by the President with the approval of the Senate.
Supreme Court Nominees
- President's Considerations: The nominee's experience, judicial philosophy, and qualifications to be a justice are assessed.
Constitutional Interpretation
- Judicial Restraint vs. Judicial Activism: Restraint emphasizes upholding prior precedent; activism emphasizes more actively shaping the law.
- Plessy v. Ferguson (1896) vs. Brown v. Board of Education (1954): Plessy upheld racial segregation; Brown overturned it.
- Originalism: Interpreting the Constitution based on its original meaning. Criticisms include difficulty in determining the original intent.
- Living Constitution: Interpreting the Constitution considering evolving social values. Criticisms include vagueness and subjectivity.
Checks and Balances
- Checks on the Supreme Court: The other branches of government can check the Supreme Court's power (Congress, and executive), which includes the nomination and approval process.
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