What factors do Supreme Court justices base their decisions? A justice's decisions are influenced by
how he or she defines his role as a jurist
, with some justices believing strongly in judicial activism, or the need to defend individual rights and liberties, and they aim to stop actions and laws by other branches of government that they see as infringing on these rights.
What do Supreme Court justices base their decisions on?
Almost all the cases that the justices hear are reviews of the decisions made by other courts—there are no juries or witnesses. The justices consider the records they are given, including
lower court decisions for every step of a case, evidence, and the argument presented before them in making their final decision
.
What is the basis for Supreme Court decisions quizlet?
The Supreme Court upholds a law passed by Congress as constitutional. The chief justice states in the majority opinion that
previous decisions supporting Congress' power to make laws based on the commerce clause of the Constitution
were the basis for the decision.
Which factor does the Supreme Court generally consider?
The correct answer is B.
whether the lower-court ruling in the case conflicts with an earlier supreme court ruling
.
Which is required for the Supreme Court to reach a decision?
At least four out of the nine justices must vote “yes”
for a case to make the cut. The cases that are chosen are issued a writ of certiorari, a formal request by the Supreme Court to review the lower court's decision.
Which factors most likely led to shifts in Supreme Court decision making over time?
Which of the following factors most likely led to shifts in Supreme Court decision making over time?
The ideological composition of the justices on the Supreme Court shifted to become less liberal over time
.
What are the five forces that shape Supreme Court decisions?
What are the five forces that shape the decisions the Court makes?
Existing laws, the personal views of the justices, the justices' interactions with one another, social forces and public attitudes, Congress and the president
.
Which constitutional idea was the basis for the Supreme Court decision quizlet?
The Court's decision in Marbury v. Madison (1803) effectively cemented the Supreme Court's claim to judicial review, in which the Court first stated
the right to declare laws unconstitutional
.
Which factor does the Supreme Court generally consider especially important when decided which cases to review?
Which factor does the supreme court generally consider especially important when deciding which cases to review?
Whether the case deals with broad issues that apply to many different cases
.
How are Supreme Court Justices chosen?
The Supreme Court of the United States
All Justices are
nominated by the President, confirmed by the Senate
, and hold their offices under life tenure. Since Justices do not have to run or campaign for re-election, they are thought to be insulated from political pressure when deciding cases.
What factors determine whether the state or federal court system hears a case?
For the most part, federal courts only hear:
Cases in which the United States is a party
; Cases involving violations of the U.S. Constitution or federal laws (under federal-question jurisdiction); Cases between citizens of different states if the amount in controversy exceeds $75,000 (under diversity jurisdiction); and.
How does the Supreme Court reach decisions in its cases quizlet?
If four judges agree to hear a case, the court issues a writ of certiorari. The two sides submit briefs to the Supreme Court and there is a one-hour hearing, thirty minutes per side. The justices then meet in private and vote. The majority writes the opinion of the court outlining why it decided the case as it did.
Why does it take so long for the Supreme Court to make a decision?
The writing and editing is an extremely time-consuming process done in collaboration with the justices
, so it's a process of weeks and months given the depth of analysis and the back-and-forth that needs to happen in the editing stages. The entire process isn't fast because it's not designed to be fast.
Which explains why Supreme Court justices are given lifetime appointments?
Which explains why Supreme Court justices are given lifetime appointments?
They protect justices from political pressure
.
What factors increase the likelihood that the Supreme Court will hear a case?
The Court hears Cases when
Lower Courts Disregard past Supreme Court decisions
: If a lower court blatantly disregards a past Supreme Court decision, the court may hear the case to correct the lower court, or alternatively, simply overrule the case without comment.
What leads to the Supreme Court establishing new or rejecting existing precedents?
Precedents and stare decisis play an important role in judicial decision making. Nevertheless,
ideological changes in the composition of the Supreme Court due to presidential appointments
have led to the Court's establishing new or rejecting existing precedents.
Why does the Supreme Court hear so few cases?
Even when a case involves a legal question upon which the courts of appeals are divided
, the Supreme Court often will not take the case.
What steps does the Supreme Court take in selecting hearing and deciding cases quizlet?
- Oral arguments are heard by both sides.
- Justices vote on which cases they want to hear.
- Clerks for the justices review petitions for certiorari and draft the pool memo.
- The justices meet in conference to consider the case.
What are the 3 responsibilities of the Supreme Court?
As the final arbiter of the law, the Court is charged with
ensuring the American people the promise of equal justice under law
and, thereby, also functions as guardian and interpreter of the Constitution. The Supreme Court is “distinctly American in concept and function,” as Chief Justice Charles Evans Hughes observed.
What are four kinds of Supreme Court opinions?
- Unanious. All agree.
- Majority. Most agree but not all.
- Discent. Don't agree, disagree.
- Conquring. Voted with majority, but don't agree with the reasons.
On what basis did the majority of Court justices find school prayer unconstitutional quizlet?
The Court ruled that the school-sponsored prayer was unconstitutional because
it violated the Establishment Clause
. The prayer was a religious activity composed by government officials (school administrators) and used as a part of a government program (school instruction) to advance religious beliefs.
What are the three ways in which a case can reach the Supreme Court quizlet?
what are three ways in which a case can reach the supreme court?
original jurisdiction, appeals through state court systems, appeals through federal court systems
.
Which Supreme Court case declared that separate but equal has no place quizlet?
Supreme Court decision that overturned the Plessy vs. Ferguson decision (1896); led by Chief Justice Earl Warren, the Court ruled that “separate but equal” schools for blacks were inherently unequal and thus unconstitutional.
Is the Supreme Court bound by its own decisions?
Courts are bound by the past decisions of courts of the same level
. So for example the Court of Appeal is bound to follow earlier decisions of the Court of Appeal on the same point. Courts are not bound by decisions of courts lower in the hierarchy.
Who can overrule the Supreme Court?
Article V of the Constitution allows
Congress
to amend the constitution by a two-thirds vote of both houses of Congress or if two-thirds of the states request one. The amendment must be ratified by three-fourths of the state legislatures. This has been used to override Supreme Court decisions in the past.
Which of the following is true about the Supreme Court's control in selecting cases to hear?
Which of the following is true about the Supreme Court's control in selecting cases to hear.
It has almost complete control in deciding the cases it will hear.
How are Supreme Court Justices chosen quizlet?
Terms in this set (11)
How are Supreme Court Justices chosen? They are
appointed by the current president and then have to be approved by the Senate
.
What are the three main stages of how Supreme Court decisions get made?
Its activities are visible to the public in three distinct phases of the deliberation on a case: the Court announces its decision to grant certiorari (accepting the case on appeal), the Court's oral argument when the parties' lawyers appear before the Justices in their courtroom, and the announcement of the Court's …
What qualities should a Supreme Court Justice have?
- Compassion, empathy, and respect for the essential dignity of all persons.
- Courtesy.
- Patience.
- Moral courage and high ethics.
- A reputation for honesty, integrity and fairness.
- Strong, dignified interpersonal skills that command authority.
- Confidence, with an absence of pomposity and authoritarian tendencies.
What are the factors that determine jurisdiction?
- The court has jurisdiction over the child. If the court can prove it has jurisdiction over your child, then it may be able to hear the case. …
- There is an emergency. …
- Orders exist in another state.
What are the two factors that give federal courts jurisdiction over a case?
The two primary sources of the subject-matter jurisdiction of the federal courts are
diversity jurisdiction and federal question jurisdiction
. Diversity jurisdiction generally permits individuals to bring claims in federal court where the claim exceeds $75,000 and the parties are citizens of different states.
What factors make equal justice under law difficult?
Why is it difficult to achieve equal justice under the law? The ideal of equal justice is difficult to achieve.
Judges & Juries are all people and not free from Personal prejudices
. Why is Article III of the Constitution important?
What are the Supreme Court's three main criteria for selecting cases?
- A substantial federal question must be present. Must be a real question. …
- The federal question must be crucial to the decision. …
- The losing party must have exhausted all state remedies.
What are the 5 steps the Supreme Court takes in making a decision?
- 1: Accept the Case.
- 2: File Briefs.
- 3: Oral Arguments.
- 4: Conference.
- 5: Assign Opinions.
- 6: Circulate Drafts of the Opinions.
- 7: The Opinions are Made Public.
How does the Supreme Court reach decision in its case?
The Supreme Court has its own set of rules. According to these rules,
four of the nine Justices must vote to accept a case
. Five of the nine Justices must vote in order to grant a stay, e.g., a stay of execution in a death penalty case.
How long does the Supreme Court take to make a decision?
Q: How long does it take the Court to act, once a petition has been filed? A: On the average,
about six weeks
. Once a petition has been filed, the other party has 30 days within which to file a response brief, or, in some cases waive his/ her right to respond.
