1. WHAT WE ASK OF THE SUPREME COURT…

2. WHAT’S DIFFERENT ABOUT THE AMERICAN JUDICIAL SYSTEM?
Why do we have an adversarial system? What does the Bill of Rights say about this? (4, 5, 6, 8)
What are the key differences between criminal and civil cases
What is the basis for federal court decisions: Statutes, precedent, new circumstances, the Constitution (judicial review)
What is the basic structure of the federal court system?
District courts (trial)
Circuit courts (appellate)
and the Supreme Court
How are federal judges selected?

3. HOW CASES GET TO THE SUPREME COURT…

4. WHAT MAKES A CASE FEDERAL?
How do cases get in to the federal courts? Because most don’t
Original jurisdiction
Appellate jurisdiction
Judicial review
Class action suits
When does the SC take a case? Why doesn’t it take all of the ones it wants to
The “rule of four” and “writs of certiorari”
Standing: actual cases with real adversaries
Ripeness & mootness
“Settled law” vs. new or revisited federal questions
Decisions counter to previous SC rulings
Where there are conflicting court decisions

5. WHY DO JUSTICES RULE THE WAY THEY DO?
What are the different types of opinions? majority, minority, and concurring
Different “judicial revolutions” over time
Different political orientations: Liberals, majoritarian centrists, and conservatives
Different judicial philosophies
Original Intent
Plain meaning
Living-constitution theory

6. WHAT LIMITS DO THE COURTS HAVE?
Judicial activism vs. narrowest reading
Deference to precedent
No political questions (?)
No enforcement mechanism
No advisory opinions
Congress could change jurisdiction
Judicial review only as a last resort