Notes for Wednesday Dec 3rd:

Notes for Wednesday

Access and decision Making:
1) the mottos inscribed on the Supreme Court building capture the courts difficult task-hard job.

2) The work of the S.C is determined by access.
A. decides 100 cases per year, though gets 7000 requests to review.
B. The courts jursdiction falls into 2 categories-orginal and appellate

1. orginal-not many cases. court is the first and only fourm for resolution.
2. appellate- subject to congressional control (congress defines the courts appellate in law)
recent example is 2004 bill that would take away jurisdiction (federal) over gay marriage.
Primary source of cases entering the court.
A. cases being appealed by state courts must have reached the end of line in system and also raise federal question
B. litigants ask cour to issue writ of certerion
C. the court nearly has complete control over ist docket, agenda
D. it takes the votes of 4 justices to grant a case full consideration known as RULE OF FOUR

3) the decision to grant or deny review is affected by an executive officail, soliator general

-represents the federal govt before the court
-duties include whether the govt should apppeal lower court decisions and decide whether the govt should file "friend of court" or amicus briefs
-appointed by prez. (advocate for prez.)
-has influecne, known as tenth justice

*once the court grants review, submit writtne arguemnets (briefs). oral arguments follow
*only make decision after meet in conference

How do they make decisons??
-Judicial restraint- maintanins that legislators, not judges, should mkae laws. Judges are siad to exxcercies judicial restraint when they hew closely to statues and previous cases in reaching decision
-judical review- judges hsould interperet laws loosely, using powers to promote their preferred goals (may further liberal or conservative agenda)

- the doctrine of orginal intent- holds meaning of constituion depends on the intentions of framer.
-voting outcome is judgement
-after voting the justices in majoiry draft an opinion (majority opinion) set out reasons for decision

MORE will come later on today. About another page left