Supreme Court is the final court of appeal in the judicial system and also it is the top most system in the court’s line in ascending order from the smaller category of the courts to the higher category, in which the Supreme Court, in many jurisdictions is the highest hierarchy. The strategic model It is a very complicated situation in that one wonders if he/she has made a right decision in deciding a certain dispute. Have you ever had an opportunity to settle any dispute in your family or between your friends? Did you consider yourself right in the decision that you made? In case a judge was to come, would he agree with your decision? These are the complications one faces while making judgment between two individuals or groups of people. You can ask yourself this question, how do the judges deal with situation? How do they make the right decision? There are three main models that judges use to come up with a resolution, in the judicial decision making. They include: strategic, attitudinal and legal. All of these models are used in courts and are very useful in predicting the decision that a judge is required to use …show more content…
Basing on the foundation in the strategic making decisions models, there is the concept of work of C. Herman Pritchett who differentiated between the judicial decisions and politics. Example: assuming in the Supreme Court that Fredrick is a judge there, he always supports the policy change. He only has the option of either voting in the policy change or vote against it. During the decision making, Frederick usually does not consider direct policy change results, but also how the other stakeholders involved would react to the decision that he will make. All the other courts in a jurisdiction will be looking into the decision made by
The supreme Court is the head of the judicial part of Government in the USA, it acts as an appellant court which can also on occasion deal with ambassadorial and diplomat cases. It is separate from the other 2 branches of government in order to remain independent and provides a powerful check on those branches. However it has been criticised by being called democratically lacking. The members have a significant amount of power
Who is the decision-maker in the case (you are supposed to identify with) and what position, title and responsibilities do they hold?
The decisions of the group is governed by a vote, majority of the votes wins the dispute. If in any case there should be an even number of votes on both sides of the decision, a conference is held where all members must speak their mind on why the decision they chose is correct. If the decision remains at a 50/50 vote,
The judiciary system is defined by Article III in the Constitution and Section 2 describes the powers and limitations that court system has. The purpose of the judiciary is to handle interpretations of the laws created by the constitution and any disputes that arises between parties, cases may be brought to the court, the court cannot create cases. There are 3 levels in the court system, which is true for the state judiciary as well as the Federal level. The two lower levels attempt resolve issues while lessoning the burden on the supreme courts. The lowest level of court is the district court aka trial courts,
The three different models of judicial decision making are the legal, the attitudinal, and the strategic. These three different explanations have been identified by political scientists as the way judges make decisions about a case (Geer 514).
The Supreme Court is the highest level of the federal court system. It consists of nine justices, including a chief justice and eight associate justices. Very rarely do cases originate on the level of the Supreme Court. The judges and justices that preside over the courts of the United States determine the constitutionality of laws and legislation.
There are currently three procedures that are used to select judges. These methods are as follows: executive appointment, election, and merit selection. The goal is to use a process that picks the best judge or the most qualified and experienced. Each process has its pros and cons but there is one that easily stands out from the others.
The parties or their attorneys have an opportunity to explain their view of the dispute.
The Supreme Court, which is often referred to as the Court of last resort,” is the highest court within our court system. Only an original ruling by the Supreme Court can change a pre-existing one. They have the authority to decide appeals on all cases taken to federal court or those that have been brought to a state court that handles federal law. Once one of the circuit courts have made a decision on a case, all parties involved in the case can choose to appeal their case to the US Supreme Court. The Supreme Court can decide whether or not to hear a case as where the circuit courts can not . The parties involved in the case are required to petition the court. If the petition is granted, the circuit courts will take briefings and hear arguments. If the petition is not granted, the lower court's judgment stands. The Supreme Court has original jurisdiction in a case. The Supreme Court oversees many types of cases such as most cases involving federal laws or regulations, international and interstate commerce, and cases involving commodaties and securities, to name a few. Where a case was filed depends on the avennue it would take in order to reach the Supreme Court. A Case can start in either the Superior Court or District Court. Cases wouls start in the district court if they involve
People say that when they were segregated that they were all friends but obviously not would a person treat anybody in their real family like this.It is impossible to be completly unbias. People say that the justice system is unbiased because judges are unbiased all the time.Most judges are but they make assumption as soon as they see the child and is already thinking about what they need to before the child even gets to speak. Judges say they listen to every case the same and show no favoritism towards race,gender, or age. But they do not no matter what people do they will always pick and choose what they want to listen too. Judges are normal meaning that they are not perfect . So they make mistakes and show bias to they are normal so of course
The Supreme Court is the courtroom where all the legal cases dealing with congress or the constitution go to get a final decision. The Court is currently composed of a chief justice, eight associate justices, and nine officers. Their main goal as members of the Supreme Court is to make sure everything and anything abides by the constitution. It has many powers when it comes to law and especially the constitution, but it is not overly powerful due to the other two branches of the government. Checks and balances helps keep their powers level and just as important as the executive and legislative branch powers. The Court has the ability to remove a law or refute anything that violates the United States Constitution. The Supreme Court, on average, receives around 7,000-8,000 petitions for a writ of certiorari every term. The Court grants and hears oral arguments for eighty cases. One case specifically was Printz v. United States. This case focused on dealing with background checks when purchasing a firearm. Jay Printz deemed the provisions to the Brady Bill unconstitutional, decided to take it to the District Courts and eventually the case ended up in the Supreme Court, where Stephen P. Halbrook fought and won the case based on a five to four ruling in favor of Printz.
When the United States Constitution was established, the founding fathers devised the core of the court system that is present in today’s society. The state and federal government each have a version of a Supreme Court which is typically led by a Chief Justice. The states level Supreme Court Justice governs the issues that pertains to the citizens within the respective state. These individuals will also take part in hearings or proceedings that impact of law of the state and hear constitutional cases with regards to the state. On the federal side, a Supreme Court Chief Justice will operates more on a national
The expectation from our judges that they will always act objectively in making their decisions is correct but only to a certain extent. By using the theories of interpretation and judicial decision-making of both Dworkin and American Legal Realism, it is evident that a balancing act occurs between objective judgments and interpretation and subjective judgments and interpretation. Often, subjective judgments are the most dominant to a large extent. One must look at the ideas of Dworkin in terms of considering that judgments have aspects of both objectivity and subjectivity. One must also look at the ideas of American Legal Realism where subjectivity plays a gigantic role in judgments leaving objectivity with little or no influence
The supreme court is the highest, most important court in the United States and the titles of the men and women who serve on the high court are associate justices. There are over nine judges who are on the supreme court, eight are associate justices and one is the chief justice. They are all appointed by the presidet but they are approved by the senate. The term of office for the nine judges who serve for the high court is for life. There are over 91 district courts, which are the lowest courts, and 12 appellate courts. Three courts that are part of the federal judicial system are the Court of Military Appeals, United States Claims Court, and United States Tax Court. The nine type of cases the Supreme court and federal courts have jurisdiction over are the constitution, federal laws, treaties, law governing ships, the United States government itself, ambassadors or public ministers, two or more state governents, citizens od different states and a state or its citizens versus a foreign country or foreign citizen. The process of checking the laws of our land is called the judicial review. When the supreme court declares a law unconstitutional, it means that the law goes against the constitution of the United States. In order for a person to be convicted of treason two witnessess must testify, telling the exact same story and/or the accused must confess in a
Before we can delve into the relationship between certainty and flexibility in judicial precedent, each element must be explored individually. Unlike legislation and statue which most times speak to hypothetical situations, judicial precedent is a response to real situation and as such there is a foundation of pragmatism which holds the principle together. As it relates to certainty, the law is established in such a way that it is possible to predict what a decision will be and plan accordingly. There is a sense of security in this element of judicial precedence because once a legal rule has been established it is binding and cannot changed by a later or lower court, individuals can therefore adjust their behavior with regard to the legal rule.