February_14th - PLS 320: AMERICAN JUDICIAL PROCESS The...

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PLS 320: AMERICAN JUDICIAL PROCESS The Supreme Court
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In This Presentation The Supreme Court Agenda Supreme Court Opinions Preferences and Ideology Compliance Decisions
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Happy Valentine’s Day
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St. Valentine’s Day Named after two or three Christian martyrs of that name. Probably designed to replace the Lupercalia (or feast of the wolf), in honor of the She-Wolf who adopted Romulus and Remus, the founders of Rome. A great day to give cards, flowers, and candy to your loved-ones
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The Supreme Court Agenda Discretionary Agenda, except in a tiny minority of mandatory cases (on Original Jurisdiction )—mostly cases involving lawsuits between states and with foreign governments. When the Court has Original Jurisdiction, they choose a Special Master who gather the case information, then the Court applies the law. For all other cases, those who appeal to the Supreme Court are called Petitioners , because they are petitioning for a Writ of Certiorari . Certiorari (or Cert )—meaning roughly “to make certain,” is granted only when four members of the Court desire to hear the case. This is called the Rule of Four . State Supreme Courts with discretionary jurisdiction have various rules, including majority rule, for deciding to hear cases.
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How a Case Comes to Be Heard All Cases Must Have a Federal Question or Diversity Jurisdiction . While some also list Federal Party Jurisdiction , I do not, because the government is created under federal law. Petitioners make the same cost benefit analysis as with courts with mandatory discretion, but one of the considerations becomes whether the Court will choose the case. After the Petitioners file a Brief in support of Certiorari, the Respondent files a brief against Certiorari. The Court typically chooses cases when 1) there are broad policy ramifications, 2) the law is unclear, 3) there is a dispute between Circuits (Courts of Appeal), and/or Repeat Players have taken an interest.
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The Cert Pool The Court gathers all Petitions for Certiorari (as well as the response) and Law Clerks for the justices consider them, paying attention to the criteria set by their justices. Eight of the justices have their law clerks work
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This note was uploaded on 04/13/2008 for the course PLS 320 taught by Professor Snook during the Spring '08 term at Michigan State University.

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February_14th - PLS 320: AMERICAN JUDICIAL PROCESS The...

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