Procedures

• INTRODUCTION:

  Before beginning the lesson, ensure that the student have an understanding of the following terms. These terms will be used throughout the video clips included in the lesson.

  • Appeal
  • Respondent
  • Petitioner
  • Dissent

• EXPLORATION:

  Have the students view each video clip and follow along by answering the questions associated with each video.

• VIDEO CLIP: Justice Breyer on How the Supreme Court Decides Which Cases to Hear (6:28)

  • Explain the process that court cases go from their initial trial to when they are reviewed by the Supreme Court?
  • What does Justice Breyer mean by cases having a "federal question?" Why is this one of the factors in selecting Supreme Court cases?
  • Around how many cases are heard each year in the Supreme Court?
  • How do justices and their clerks review all their potential cases?
  • Explain the criteria that is used to decide which cases to hear.
  • Explain the process at the conference in which the Supreme Court discusses and votes on which cases to hear.

• VIDEO CLIP: Justice Breyer on Briefs and Oral Arguments (1:21)

  • Explain the purpose of briefs. Who writes these briefs?
  • What are oral arguments?

• VIDEO CLIP: Chief Justice John Roberts on Oral Arguments (2:11)

  • How are oral arguments structured?
  • What is the purpose of the questions from the justices?
  • How do oral arguments impact how justices view the case?

• VIDEO CLIP: The Process of Deciding Supreme Court Cases (4:48)

  • What is the first step in deciding Supreme Court cases?
  • Explain how the conference works when deciding a Supreme Court case?
  • How can debate and discussion amongst the justices impact the final decision in a Supreme Court case?
  • Explain how the final decision is decided. How do they decide who writes the majority and dissenting opinions?
  • How does the seniority of the justices play into the process of deciding a Supreme Court case?

• VIDEO CLIP: Justice Stephen Breyer on Writing Supreme Court Opinion (1:27)

  • What role do law clerks play in this process?
  • How is the writing of Supreme Court opinions a collaborative process?

• APPLICATION:

  After viewing the video clips and answering the questions, have the students complete the chart on the Supreme Court handout. Students will summarize each step in the process and create a drawing representing this step.

  • Supreme Court Handout

• CONCLUSION:

  Students will write a written response to the following prompt:

  • Evaluate the process that the Supreme Court uses to decide cases. Is it an effective way to interpret laws?

• EXTENSION ACTIVITIES:

  Research a Supreme Court Case- Choose a Supreme Court cases that was decided on in the previous term. Research the case on the OYEZ website and provide the following:

  • Background of the case
  • Petitioner and Respondent
  • Questions in the case
  • Summary of the oral arguments
  • How it was decided
  • Summaries of the opinion(s)

  Oral Arguments- Using the Supreme Court Oral Arguments lesson plan, listen to the oral arguments of one of the Supreme Court Cases on the list. Summarize the arguments that both sides make and determine how you would rule in this case.

  Additional Prompts-

  • Is the Supreme Court too slow in deciding cases? Explain your answer.
  • Does the Supreme Court hear the appropriate amount of cases? Explain your answer.
  • How would you improve the way that the Supreme Court processes and decides cases?