POLS 3130 Chapter Notes - Chapter 4: Judicial Activism, Golden Rule, Mischief Rule
22 Oct 2017
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Document Summary
Framers intent: an approach to constitutional interpretation that emphasizes finding the meaning of constitutional text by reference to what the individuals who created constitution said (or believed) the words should mean. Three important steps in a trial judges decision making: Identifying the relevant facts in the case for trial judges emphasis is put on this first step. Low levels focus mainly on error correction (80% of time) where as high levels such as the. Supreme court focus mainly on clarifying the law and developing it. Deciding to take a c ase: the appellate court" fir t deci io n: These cases occur at the appellate court level and are especially prevalent at the supreme court level: appeals as of right make up 1/5th of the (cid:272)ou(cid:396)t"s do(cid:272)ket. The court is able to exercise discretionary jurisdiction: courts with discretionary jurisdiction can choose which cases they which to decide from among the cases brought to them by litigants requesting a hearing.
