Chapter Focus

Section 1 The Supreme Court at Work

Section 2 Shaping Public Policy

Section 3 Influencing Court Decisions

Chapter Assessment

The Supreme Court at Work

Key Terms

writ of certiorari, per curiam opinion, brief, amicus curiae, majority opinion, dissenting opinion

Find Out

• What are the main steps the Supreme Court takes in deciding cases?

• By what route do most cases from other courts reach the Supreme Court?

A. The majority of referred Court cases concern appeals from lower courts.

II. How Cases Reach the Court (pages 332–333)

B. Most appeals concern cases in which a lower state or federal court has ruled laws unconstitutional. Cases the Court chooses not to hear are dismissed, and the ruling of the lower court becomes final.

C. Most cases reach the Court by writ of certiorari, in which either side petitions that a lower court’s decision involved an error raising a serious constitutional issue.

II. How Cases Reach the Court (pages 332–333)

A. Each side submits a brief detailing legal arguments, facts, and precedents. Parties not directly involved but with an interest in the case may submit amicus curiae briefs.

III. Steps in Deciding Major Cases (pages 333–335)

B. Lawyers for each side make oral arguments during which justices may ask questions.

C. On Wednesdays and Fridays the chief justice presides over a secret conference, in which each single case is summarized and recommendations for handling it are made.

A. During two-week sessions, justices hear oral arguments on cases and then meet in secret to make decisions.

I. The Court’s Procedures (page 331)

B. The justices consider arguments in cases they have heard and petitions from plaintiffs, and then write opinions for cases they have decided.

C. Justices’ written opinions interpret the law and help shape public policy.

D. The justices spend about 30 minutes debating each case. Each justice has one vote; a majority vote is needed to decide a case.

E. The justices may issue four kinds of opinions: a unanimous opinion, a majority opinion, a concurring opinion, or a dissenting opinion.

F. If the chief justice votes with the majority, he or she assigns a justice in the majority to write the Court’s opinion. If not, the most senior justice with the majority assigns a justice to write the opinion.

III. Steps in Deciding Major Cases (pages 333–335)

___ writ of certiorari

___ per curiam opinion

___ brief

___ amicus curiae

___ majority opinion

___ dissenting opinion

A. a brief, unsigned statement of a Supreme Court decision

B. the opinion expressed by a minority of justices in a court case

C. a written statement setting forth the legal arguments, relevant facts, and precedents supporting one side of a case

D. an order from the Supreme Court to a lower court to send up the records on a case for review

E. the opinion expressed by a majority of justices in a court case

F. a written brief from an individual or group claiming to have information useful to a court’s consideration

Checking for Understanding

D

A

C

F

E

B

Match the term with the correct definition.

Shaping Public Policy

Key Terms

judicial review, impound, stare decisis, precedent, advisory opinion

Find Out

• By what means is the Supreme Court limited in its power?

• Does the Court’s use of judicial review give it too much power compared to that of the president and Congress?

A. The Court determines policy in three ways:

I. Tools for Shaping Policy (pages 336–339)

B. Using judicial review, the Court may examine laws and actions at all levels of government and cancel them if they violate the Constitution.

1. using judicial review;

2. interpreting laws;

3. overruling or reversing its previous decisions.

C. The Court uses judicial review most often to review state and local cases, but sometimes its review of federal cases can have a tremendous impact on the nation, as in the Brown (1954) and Miranda (1966) cases.

D. The Court’s interpretation of the very general language of laws allows it to decide how the law applies to specific situations.

E. The Court’s rulings become precedents on which to base other, similar decisions; however, since times change, the Court may overturn or reverse its earlier decisions. Some Supreme Court decisions have resulted in great social upheaval.

I. Tools for Shaping Policy (pages 336–339)

___ judicial review

___ impound

___ stare decisis

___ precedent

___ advisory opinion

A. refuse to spend

B. a model on which to base later decisions or actions

C. the principle that once the Court rules on a case, its decision serves as a precedent on which to base other decisions

D. the power of the Supreme Court to declare laws and actions of local, state, or national governments unconstitutional

E. a ruling on a law or action that has not been challenged

Checking for Understanding

D

A

C

B

E

Match the term with the correct definition.

Reviewing Key Terms

___ amicus curiae

___ precedent

___ stare decisis

___ dissenting opinion

___ brief

___ majority opinion

___ per curiam opinion

___ writ of certiorari

A. order to lower court for records on a case to be handed up for review

B. lets a decision stand

C. an interested party not directly involved in a case

D. short, unsigned statement of Supreme Court’s decision

E. earlier decision on similar cases

F. sets forth facts and legal arguments to support one side of a case

G. sets forth reasons for a Supreme Court’s decision

H. sets forth reasons for disagreeing with a Supreme Court decision

C

E

B

H

F

G

D

A

Match each of the following terms with the description below that correctly identifies it.