How to Follow Supreme Court Decisions

By eHow Legal Editor

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The United States Supreme Court is the highest court in the judicial branch of the government. The court's function is to review the decisions of lower courts involving interpretation of the Constitution, federal law or treaties. Here is how you can follow Supreme Court decisions.

Instructions

Difficulty: Moderate

Step1
Understand the role of precedent. Precedent is a legal principle established by court decisions which provides an example for other courts to follow when confronted with similar issues. Because decisions of higher courts are mandatory precedent, Supreme Court decisions must be followed by the lower courts.
Step2
Identify the legal doctrine at issue. To follow Supreme Court decisions, you must understand the question of law raised in the case. Look at the issue being appealed. Note which party is bringing the appeal and the relief requested.
Step3
Read the facts. Cases turn on the facts of each particular case. See how the Supreme Court applies the law to the facts of the case before it.
Step4
Concentrate on the majority opinion. This is the most important part of the decision because it is where the Supreme Court states its holding and the reasoning applied by the court to reach the holding. This is where the court will set forth its legal analysis of the issues at stake.
Step5
Recognize the purpose of concurring and dissenting opinions. A concurring opinion is an opinion that agrees with the court's holding in a case but is written to express a particular judge's reasoning, or because the concurring judge did not agree with the way the majority arrived at its holding. A dissenting opinion is an opinion disagreeing with the majority's holding. Concurring and dissenting opinions are useful in following Supreme Court decisions because they highlight the legal issues in controversy and may set the stage for later decisions.
Step6
Consider political motivations. Supreme Court justices are nominated by sitting presidents, usually because they are thought to be representative of a certain political party's values. In following Supreme Court decisions, look to see if the court is splitting along ideological lines.

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eHow Article:  How to Follow Supreme Court Decisions

eHow Legal Editor

eHow Legal Editor

Category: Legal

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