Class Notes (922,456)
US (356,000)
Winthrop (96)
PLSC (20)
PLSC 201 (20)
Huffmon (20)
Lecture 4

PLSC 201 Lecture 4: The Courts and The Supreme Court
Premium

6 Pages
27 Views

Department
Political Science
Course Code
PLSC 201
Professor
Huffmon

This preview shows pages 1-2. Sign up to view the full 6 pages of the document.
Federal Courts
Very important in the United States because:
Higher la otio of the Costitutio.
Courts interpret the Constitution
o Gained this job because courts are seen as less political
o Courts have become a presidential slogan
Separation of Powers doctrine
Organization of the Federal Court System
Constitution established the Supreme Courts
o Lower court system established by Congress
o Legislated-ly created
1. Lowest Level: Federal District Courts
There are 94 total- at least one in every state
First federal courts to hear cases involving federal issues (in general)
2. Second Level: Circuit Courts of Appeals
There are 13 in all
11 regional,
1 i DC, federal iruit- Nationwide: federal policies
Different regional courts might rule different in federal matters
Different laws apply depending on where you live:
Ex: prayer in school is legal and there may not be prayer led by faculty. But as far
as saying a prayer at a graduation or sporting event, it depends on where you are
(it changes)
Until the Supreme Court rules on it, it can remain the individual districts
choice
If the Supreme Court refuses to take the case, the lower ruling stands
Salisbury: praying in a city council meeting. Goes through same
circuit as great falls lady. Currently going through court system
Cases on appeal from District courts and some state courts
3. Top Level: Supreme Court
Two types of jurisdiction (what kinds of cases you are allowed to hear)
1. Origial Jurisditio: here this ourt is the first ourt to hear that kind of case
This eig the Supreme Court in this situation
Defined in the constitution
When cases go straight to the Supreme Court:
Interstate commerce
Ambassador stuff
2. Appellate Jurisdiction: what kind of cases can be appeal to you
Technically all cases from federal district level and circuit court of appeals can be
appealed to the Supreme Court
Defined by congress because of the above. Congress created the lower court
systems
find more resources at oneclass.com
find more resources at oneclass.com
Technically automatic (meaning in theory, every case can be appealed all the
way to the Supreme Court) but in reality, the Supreme Court has wide
latitude in deciding which cases to take
(A) Meaning anyone who loses in the lower levels A. can appeal to go
to the Supreme Court but most do not go there
Deciding which cases to take:
Writ of Certiorari: gratig ert.
You lose in circuit court. You ask the supreme court to grant a
cert. (Aka the sa he loer ourt, sed us all the reords of
the loer ase ad that eas there takig the ases)
Four Supreme Court Justices must vote and agree to grant cert.
90-98% of cert requests get rejected, normally 40-70 get
accepted
Most accepted will be ones with clear federal system
Court has 9 members
Set by law: not in constitution
The decision-making process
Court receives briefs
Aius uriae or Aii: fried of the ourt riefs
Come from other people. Anyone can send one
Lobbyists may be interested
Oil spill in gulf: hurts fishing industry. Case against BP from a
group of fishermen goes to the Supreme Court. Might send in
amici: tourist groups, restaurant owners, oil industry lobbyist,
attores geeral, ...et.
Hear the oral arguments
Cameras are not allowed in the Supreme Court
Take one hour total
Divided between two
Private meeting
Traditional rules are to, in this meeting:
Discuss the case in order of seniority (benefit in going first and
being able to lay out the way it will be discussed)
Vote in reverse seniority (benefit in voting last)
Senior Member of the majority vote assigns the opinion (Chief
Justice if he is in the majority)
o Theoretical: BP v Fisherman Bob. Voted that BP wins 5 to
4. But result is not official until the case is published. If one
justice is waffling, assign the opinion to her for her to
publish so that she is forced to study the case more in
depth on the current majority opinion so that she does not
waffle back over. Also called the Marginal Justice
Decision making process
find more resources at oneclass.com
find more resources at oneclass.com

Loved by over 2.2 million students

Over 90% improved by at least one letter grade.

Leah — University of Toronto

OneClass has been such a huge help in my studies at UofT especially since I am a transfer student. OneClass is the study buddy I never had before and definitely gives me the extra push to get from a B to an A!

Leah — University of Toronto
Saarim — University of Michigan

Balancing social life With academics can be difficult, that is why I'm so glad that OneClass is out there where I can find the top notes for all of my classes. Now I can be the all-star student I want to be.

Saarim — University of Michigan
Jenna — University of Wisconsin

As a college student living on a college budget, I love how easy it is to earn gift cards just by submitting my notes.

Jenna — University of Wisconsin
Anne — University of California

OneClass has allowed me to catch up with my most difficult course! #lifesaver

Anne — University of California
Description
Federal Courts Very important in the United States because: Higher law notion of the Constitution. Courts interpret the Constitution o Gained this job because courts are seen as less political o Courts have become a presidential slogan Separation of Powers doctrine Organization of the Federal Court System Constitution established the Supreme Courts o Lower court system established by Congress o Legislated-ly created 1. Lowest Level: Federal District Courts There are 94 total- at least one in every state First federal courts to hear cases involving federal issues (in general) 2. Second Level: Circuit Courts of Appeals There are 13 in all 11 regional, 1 in DC, federal circuit- Nationwide: federal policies Different regional courts might rule different in federal matters Different laws apply depending on where you live: Ex: prayer in school is legal and there may not be prayer led by faculty. But as far as saying a prayer at a graduation or sporting event, it depends on where you are (it changes) Until the Supreme Court rules on it, it can remain the individual districts choice If the Supreme Court refuses to take the case, the lower ruling stands Salisbury: praying in a city council meeting. Goes through same circuit as great falls lady. Currently going through court system Cases on appeal from District courts and some state courts 3. Top Level: Supreme Court Two types of jurisdiction (what kinds of cases you are allowed to hear) 1. Original Jurisdiction: where this court is the first court to hear that kind of case This being the Supreme Court in this situation Defined in the constitution When cases go straight to the Supreme Court: Interstate commerce Ambassador stuff 2. Appellate Jurisdiction: what kind of cases can be appeal to you Technically all cases from federal district level and circuit court of appeals can be appealed to the Supreme Court Defined by congress because of the above. Congress created the lower court systems Technically automatic (meaning in theory, every case can be appealed all the way to the Supreme Court) but in reality, the Supreme Court has wide latitude in deciding which cases to take (A) Meaning anyone who loses in the lower levels A. can appeal to go to the Supreme Court but most do not go there Deciding which cases to take: Writ of Certiorari: granting cert. You lose in circuit court. You ask the supreme court to grant a cert. (Aka they say hey lower court, send us all the records of the lower case and that means theyre taking the cases) Four Supreme Court Justices must vote and agree to grant cert. 90-98% of cert requests get rejected, normally 40-70 get accepted Most accepted will be ones with clear federal system Court has 9 members Set by law: not in constitution The decision-making process Court receives briefs Amicus curiae or Amici: friend of the court briefs Come from other people. Anyone can send one Lobbyists may be interested Oil spill in gulf: hurts fishing industry. Case against BP from a
More Less
Unlock Document


Only pages 1-2 are available for preview. Some parts have been intentionally blurred.

Unlock Document
You're Reading a Preview

Unlock to view full version

Unlock Document

Log In


OR

Don't have an account?

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


OR

By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.


Submit