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Court Case Selection and Impact.

 Court Case Selection and Impact.

ANSWER

Title: The Selection of Cases in Different Courts, Impact on Public Policy, and Evaluating Successes and Failures

Abstract: This paper explores the mechanisms through which different types of courts select the cases they will hear. It also delves into the influence of court decisions on public policy, highlighting a notable case as an example. Furthermore, the paper assesses the successes and failures of the court system, offering specific instances of each. By examining these facets, we gain insight into the functioning of the judiciary and its impact on society.

  1. Introduction

The judicial system is a critical component of any democratic society, responsible for interpreting and upholding the law. Courts at various levels play a crucial role in shaping public policy through their decisions, setting precedents, and resolving disputes. To understand the dynamics of the judicial system, it is essential to examine how each type of court selects the cases they will hear, study a court case that became public policy, and evaluate both the successes and failures of the courts.

  1. Case Selection in Different Courts

2.1. Supreme Court of the United States The Supreme Court of the United States (SCOTUS) employs a process of discretionary review. It typically hears cases on appeal from lower federal courts or state supreme courts, but the selection of cases is not automatic. Justices review petitions for writs of certiorari, and if four of the nine justices agree to hear a case, it is granted certiorari. This discretionary process allows SCOTUS to focus on cases with significant legal or constitutional implications.

2.2. Lower Federal Courts Lower federal courts, including circuit courts of appeals and district courts, primarily hear cases based on jurisdiction. Cases are brought to these courts based on federal law or diversity jurisdiction (parties from different states). There is less discretion in case selection compared to SCOTUS, as these courts generally handle a broader range of cases.

2.3. State Courts State courts vary widely in their case selection processes. Some states use discretionary review similar to SCOTUS, while others have mandatory review for certain types of cases. The vast majority of cases in state courts are trial courts, where cases are filed based on their nature and subject matter.

  1. Court Case Impacting Public Policy

3.1. Brown v. Board of Education (1954) One of the most influential court cases in U.S. history, Brown v. Board of Education, resulted in a landmark decision by the Supreme Court. The case challenged racial segregation in public schools, arguing that “separate but equal” educational facilities were inherently unequal. SCOTUS unanimously ruled in favor of the plaintiffs, declaring segregation unconstitutional and setting the stage for desegregation efforts across the country. This decision had a profound impact on public policy, marking the beginning of the civil rights movement and changing the course of American history.

  1. Successes and Failures of the Courts

4.1. Success: Brown v. Board of Education (1954) The success of Brown v. Board of Education lies in its transformative impact on society. The decision struck down a long-standing system of racial segregation and set a precedent for dismantling institutional racism. It was a pivotal moment in the struggle for civil rights and social justice, leading to subsequent legislative changes and advancements in racial equality.

4.2. Failure: Dred Scott v. Sandford (1857) Dred Scott v. Sandford stands as a failure in the history of U.S. jurisprudence. In this case, the Supreme Court held that African Americans, whether enslaved or free, could not be considered citizens and had no right to sue in federal courts. The decision not only upheld the institution of slavery but also exacerbated tensions leading up to the Civil War. Dred Scott is widely regarded as one of the most egregious mistakes in the history of the U.S. Supreme Court.

  1. Conclusion

The selection of cases in different courts varies, with the Supreme Court of the United States employing discretionary review while lower federal and state courts have different processes. Court decisions can have a profound impact on public policy, as exemplified by Brown v. Board of Education. However, the court system is not without failures, such as the notorious Dred Scott v. Sandford decision.

Understanding the functioning of the judicial system, its case selection mechanisms, and the outcomes of significant cases is essential for appreciating the role of the courts in shaping the legal landscape and influencing public policy. As society evolves, the courts continue to play a critical role in interpreting and applying the law to address emerging challenges and uphold justice.

 Court Case Selection and Impact.

QUESTION

Description

Write a paper that addresses the following:

How does each type of court select what case they will hear?

Summarize a court case (decision) that became public policy.

Discuss the successes and failures of the courts. Provide at least one example of each.

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