Podcast
Questions and Answers
Which of the following contributes to the limited public knowledge about the U.S. Supreme Court?
Which of the following contributes to the limited public knowledge about the U.S. Supreme Court?
- The complex legal jargon used in court proceedings.
- The extensive media coverage focusing on individual justices.
- The Court's efforts to maintain privacy and decorum. (correct)
- The high number of cases the Court decides each year.
How did the nature of cases before the Supreme Court shift during the 1930s?
How did the nature of cases before the Supreme Court shift during the 1930s?
- The number of cases related to state law significantly increased.
- The Court started to prioritize cases involving international treaties.
- The Court began to focus less on constitutional law and more on federal statutes.
- The Court's workload increasingly involved cases requiring interpretation of constitutional law. (correct)
In which type of case does the U.S. Supreme Court have original jurisdiction?
In which type of case does the U.S. Supreme Court have original jurisdiction?
- Cases involving disputes between two or more states. (correct)
- Cases involving interpretation of state environmental regulations.
- Cases related to copyright law.
- Cases involving conflicts between federal agencies.
What is a 'substantial federal question' in the context of appealing to the Supreme Court?
What is a 'substantial federal question' in the context of appealing to the Supreme Court?
What is the primary function of a writ of certiorari?
What is the primary function of a writ of certiorari?
Which of the following is a requirement for a petition for certiorari to be considered by the Supreme Court?
Which of the following is a requirement for a petition for certiorari to be considered by the Supreme Court?
What is the 'Rule of Four' regarding the U.S. Supreme Court's decision-making process?
What is the 'Rule of Four' regarding the U.S. Supreme Court's decision-making process?
Which of the following best describes the role of the chief justice's clerks in the Supreme Court's case selection process?
Which of the following best describes the role of the chief justice's clerks in the Supreme Court's case selection process?
How does the Supreme Court's decision to not hear a case affect policy making and politics?
How does the Supreme Court's decision to not hear a case affect policy making and politics?
What was the trend in Supreme Court filings from the mid-1990s through the early 2000s?
What was the trend in Supreme Court filings from the mid-1990s through the early 2000s?
What is the significance of the Supreme Court workload increasingly involving cases requiring interpretation of constitutional law?
What is the significance of the Supreme Court workload increasingly involving cases requiring interpretation of constitutional law?
When should an appeal to the Supreme Court be taken?
When should an appeal to the Supreme Court be taken?
Where must a case come from for a petition for certiorari to be considered by the Supreme Court?
Where must a case come from for a petition for certiorari to be considered by the Supreme Court?
On the Rehnquist Court, all of the justices except Justice John Paul Stevens participated in what is called the ______.
On the Rehnquist Court, all of the justices except Justice John Paul Stevens participated in what is called the ______.
How is certiorari granted?
How is certiorari granted?
Which of the following cases would the Supreme Court most likely have original jurisdiction over?
Which of the following cases would the Supreme Court most likely have original jurisdiction over?
The considerable increase in Supreme Court filings until the mid-1990s, and again in the late 1990s, suggests what about the types of cases being brought before the court?
The considerable increase in Supreme Court filings until the mid-1990s, and again in the late 1990s, suggests what about the types of cases being brought before the court?
John files suit in federal district court. After losing, he appeals to the U.S. Court of Appeals, where he also loses. What must John do next to have his case heard by the Supreme Court?
John files suit in federal district court. After losing, he appeals to the U.S. Court of Appeals, where he also loses. What must John do next to have his case heard by the Supreme Court?
A decision from a state supreme court holds a state law violates the U.S. Constitution. If the state wants the decision reviewed by the U.S. Supreme Court, which of the following must occur?
A decision from a state supreme court holds a state law violates the U.S. Constitution. If the state wants the decision reviewed by the U.S. Supreme Court, which of the following must occur?
Why did Justice John Paul Stevens NOT participate in what is called the cert pool?
Why did Justice John Paul Stevens NOT participate in what is called the cert pool?
Flashcards
What is a writ of certiorari?
What is a writ of certiorari?
A request for the Supreme Court to order records from a lower court for review.
First criteria for certiorari petitions
First criteria for certiorari petitions
Cases must originate from a U.S. court of appeals, a special three-judge district court, or a state court of last resort.
Second criteria for certiorari petitions
Second criteria for certiorari petitions
The case must involve a federal question, interpreting federal constitutional law, statute, action, or treaty.
What is the "cert pool?"
What is the "cert pool?"
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What is the "discuss list?"
What is the "discuss list?"
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Rule of Four
Rule of Four
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Court's role in the 1930s
Court's role in the 1930s
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Original jurisdiction
Original jurisdiction
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Appellate jurisdiction purpose
Appellate jurisdiction purpose
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Study Notes
- Many Americans are surprisingly uninformed about the judicial system and the U.S. Supreme Court.
- This lack of knowledge is due to public disinterest and the Court's efforts to maintain privacy and decorum.
Deciding to Hear a Case
- From 1862-1866, only 240 cases were decided by the Supreme court.
- Supreme Court filings sharply decreased in 1891 from 600 in 1890 to 275 in 1892.
- Filings increased dramatically until the mid-1990s then increased again in the late 1990s.
- A slight downturn in filings occurred during the 2003-2004 term.
- Justices influence policy and politics by choosing which cases to hear.
- Cases concerning constitutional law interpretation began to comprise a larger portion of the Court's workload in the 1930s.
- This led to the Court having a larger impact on policy-making.
- The Court has original Jurisdiction in cases affecting:
- Ambassadors
- Public ministers
- Consuls
- Cases in which a State is party.
- The Court rarely hears more than two or three of these cases per year.
- The Court does not use appellate jurisdiction to correct other courts' errors.
- Appeals to the Supreme Court should involve important legal issues or a "substantial federal question."
- Since 1988, almost all appellate cases going to the Supreme Court arrive via a petition for a writ of certiorari.
Writ of Certiorari
- A request for the Court to order records from a lower court for review.
- This term comes from the Latin phrase meaning "to be informed".
Criteria for Certiorari Petitions
- The case must originate from:
- A U.S. Court of Appeals
- A special three-judge district court
- A state court of last resort
- The case must involve a federal question.
- There should be questions about interpreting federal constitutional law or involve a federal statute, action, or treaty.
The Rule of Four
- In the Rehnquist Court era, all justices except John Paul Stevens participated in the cert pool.
- Cases deemed noteworthy are placed on a discuss list created by the chief justice’s clerks.
- This list is then circulated to the chambers of the other justices.
- Certiorari is granted if at least four justices vote to hear a case, as per the Rule of Four.
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