Judicial+Decision+Making++++++++++++++++++++++++++++++++++++++Con+Law

Judicial+Decision+Making++++++++++++++++++++++++++++++++++++++Con+Law

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Judicial Decision Making Con Law/ Wollenberg Jurisdiction : authorized power of Court to hear a case. US Supreme Court has authority under the Constitution to hear all federal questions raised by the Constitution, federal laws and treaties. Court has power to decide what cases it will hear. At least four of the Justices (Rule of 4) have to agree to consider a case. It’s quite picky. Only 1 percent of petitions for certiorari result in a written opinion. One legal rule that screens out many cases is standing . To be found eligible to sue, a party must show 1. an actual injury to a protected right, interest, or property, 2. all appeals to lower courts have been lost 3. a legal remedy to this injury is available. That there is something the Court could do. Standing requires that a party has a real stake in the case. No pretend injuries allowed, designed just to get the Court’s advice. Taxpayer suits illustrate this concept. The Court has long debated whether taxpayers should have the right to file a suit to challenge some government action, like the budget, just on the basis of being a taxpayer, in the absence of any other, specific harm. Issue addressed in
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This note was uploaded on 02/08/2011 for the course POLI SCI constituti taught by Professor Wollenberg during the Spring '11 term at Rutgers.

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Judicial+Decision+Making++++++++++++++++++++++++++++++++++++++Con+Law

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