Political Science POLS-Y 304 Lecture Notes - Lecture 1: Circuit Split, Judicial Activism, Precedent
24 Sep 2017
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Document Summary
Federalism: areas that be exclusively for states. Indiana courts/ states" courts: indiana supreme court. Indiana court of appeals: superior and circuit courts by county. Where cases come from and what law is at stake when reading cases. Sert pool: some clerks (newish lawyers) split up and write memos, sert been in existence since 1970s. Criticism sert pool: conservative clerks, make sure you"re right, don"t recommend as many cases as they should be, 7 out of 9 justices, 4 out of 9 for case to be heard. Rule of 4 justices to hear about a case. If a justice disagrees, they write an opinion. Oral argument: sarah weddington roe v wade 1973: constituional interpretation, understand, analyze. Components of a case: name/citation, judicial/procedural history, facts, issues, rules, analysis/rationale, holding, separate opinions, concurrence, dissent, reasoning, disagreement"s reasoning. How justices decide: legal model, judicial restraint versus judicial activism, strict constructionsit.
