What statement best describes the process used by the Supreme Court to issue an opinion?
A. A select group of Supreme Court justices will hear oral arguments and decide whether the case should be heard by all the justices before accepting to review the case.
B. The Supreme Court receives briefs and oral arguments from both sides before justices privately review the case and conduct a vote to issue their final opinion.
C. The Supreme Court justices listen to briefs and oral arguments from both sides and will publicly debate the case to vote and decide on their final opinion.
D. A single Supreme Court justice will review briefs, listen to oral arguments, and decide on the outcome of a case before issuing the final opinion.
C. Judicial restraint means the court does not get involved; judicial activism means the court reviews the action.
B. The Supreme Court receives briefs and oral arguments from both sides before justices privately review the case and conduct a vote to issue their final opinion.
D. majority opinion
D. A vote of four justices can grant a review of the case.
A. appellate jurisdiction
What is the contrast between judicial restraint and judicial activism in the Supreme Court?
A. Judicial restraint means the court takes ownership of the issues; judicial activism means the court has a lot of power.
B. Judicial restraint means the court does not include its own preferences; judicial activism means the court is silent on the issues of the branches.
C. Judicial restraint means the court does not get involved; judicial activism means the court reviews the action.
D. Judicial restraint means the court reviews the action; judicial activism means the court does not get involved.
A minimum of five justice votes must be included for what type of opinion to be issued?
A. dissenting opinion
B. per curiam opinion
C. concurrent opinion
D. majority opinion
What best describes the process used by the Supreme Court to grant a writ of certiorari?
A. A majority vote of five justices requires a review of the case.
B. A unanimous vote by the justices grants a review of the case.
C. The court must review all cases where a review is requested.
D. A vote of four justices can grant a review of the case.
What type of jurisdiction gives the Supreme Court the authority to grant a writ of certiorari?
A. appellate jurisdiction
B. Rule 10
C. original jurisdiction
D. appellate and original jurisdiction
B. The Supreme Court receives briefs and oral arguments from both sides before justices privately review the case and conduct a vote to issue their final opinion.
To arrive at this answer, we need to understand how the Supreme Court operates in issuing an opinion. The process can be broken down into a few key steps:
1. Case selection: A select group of Supreme Court justices, called the "cert pool," will review the facts and legal arguments of various cases to determine whether the Court should grant certiorari (accept to hear) the case. If the cert pool recommends that the Court grant certiorari, it will be discussed and voted on by all the justices in conference.
2. Oral arguments: If the Court decides to review a case, oral arguments will be scheduled. During oral arguments, each side presents their case before the justices. The justices can interrupt and ask questions during this phase.
3. Post-argument review: Following the oral arguments, the justices will not immediately reach a final decision. Instead, they will conduct a careful review of the case materials, which include the written briefs submitted by both sides, transcripts of the oral arguments, and any additional research or analysis they conduct on their own.
4. Opinion drafting: Each justice will then take part in a private and confidential drafting process, where they express their views on the case and draft opinions. There can be multiple opinions written in a case, including the majority opinion, concurring opinions, and dissenting opinions.
5. Opinion circulation and voting: Once the justices have completed their drafts, the opinions are circulated among the justices. They will read and consider each opinion, engaging in a robust discussion and debate. After the discussion, the justices will vote on the outcome of the case.
6. Issuing the final opinion: Once a majority has been reached, the justices will issue the final opinion. The majority opinion represents the official decision of the Court and sets precedent. Any concurring or dissenting opinions will also be released, reflecting the views of the justices who did not agree with the majority.
Based on this understanding of the process, option B is the most accurate statement. It highlights how the Supreme Court receives briefs and oral arguments before justices privately review the case and conduct a vote to issue their final opinion.