Nobody downloaded yet

Important Models of Justices' Behaviour at the Supreme Court - Research Paper Example

Comments (0) Cite this document
Name: Title: Important models of justices’ behaviour at the Supreme Court Professor: Date due The most important model of behaviour justices have adopted Legal decisions and behaviour have turned on to be interested on the behaviour of the justices at the Supreme Court around the globe…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER93.7% of users find it useful
Important Models of Justices Behaviour at the Supreme Court
Read TextPreview

Extract of sample "Important Models of Justices' Behaviour at the Supreme Court"

Download file to see previous pages There are three models that are mostly displayed by the justices and the judges of the Supreme Court when deciding cases in the supreme courts. These are strategic, attitudinal and the legal orientations. Strategic behaviour refers to the justices’ actions to maximize their overall benefits in light of their expectations concerning their choices of other actors involved in the decision making process. Others are legal and the attitudinal models that aid explain the legal verdict arrived by the justices at the supreme courts Though the attitudinal models of justice behaviour was initially establish in the US, students and other legal practitioner have found the strategic models of behaviour alluring. This dissent of behaviour focuses on the interpedently nature of judges and justices’ behaviour in their decision making, which does not shun the policy preferences of the justices’ .This a strategic begins with assumption that justices are motivated by their policy preferences, but further acknowledges that realization of those preferences is a function of other relevant actors. As notes by (Epstein and Knight) Justices may be primarily seekers of legal policy, but they are not unconstrained actors who make decisions based only on their own ideological attitudes. Rather, justices are strategic actors who realize their ability to achieve their goals depends on a consideration of the preferences of other actors, the choices they expect others to make, and the institutional context in which they act. (10). This implies that whole a justice acting on the basis of his attitudes, another justices acting on the same preferences may be expected to behave differently based on strategic considerations. For instance, for justice behaviour‘s preferences mat depend on the other justice and judges reactions and opinions (08-956 wood v. Allen. (01/20/10) Recent literature provides that strategic concerns of behaviour go beyond attitudinal as they tend to explain further other reasons that attitudinal approach may not offer.(Wood v. Allen, Wood v, state and Alabama, US, 1998) In recent findings, attitudinal concerns have challenged by judges who tend to adopt strategic orientation towards and it was evidenced in a variety of contexts. First, when setting their agendas (Rice v. Collins, 546 US 333,339), second, when writing majority opinions (Wood v. State, 715 819 (1998)) and lastly issuing separate opinions, even on the same case(s) (Williams v. Taylor, 529 US 362,462). Several studies undertaken by Brace and Hall at the aggregate (Brace and Hall; Hall and Brace, 147-162) and individuals (Brace and Hall; Hall and Brace) provides explanations on the dissenting behaviour. They note that when making judicial decisions, justices and judges decide not to follow their ideological differences in certain circumstances in anticipation of decisions by exogenous factors such as electoral constituency, in order to keep job . Other evidence that pursue a strategic line of inquiry as is vital in the decision making process. This is because the strategic models of supreme court justices takes into account other factors more ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Important Models of Justices' Behaviour at the Supreme Court Research Paper”, n.d.)
Important Models of Justices' Behaviour at the Supreme Court Research Paper. Retrieved from
(Important Models of Justices' Behaviour at the Supreme Court Research Paper)
Important Models of Justices' Behaviour at the Supreme Court Research Paper.
“Important Models of Justices' Behaviour at the Supreme Court Research Paper”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Important Models of Justices' Behaviour at the Supreme Court

Supreme Court Justices (Government 2)

...? SCALIA AND THOMAS The Supreme Court of the United s is one of the most revered of American s. The justices who sit on it have some of the finest legal minds in the country and are sworn to uphold the Constitution, the founding document of the nation. They are widely respected and yet they come to the job with diverse backgrounds and politics. The methods they use to interpret the Constitution often cause widespread controversy and discussion. Two of the justices that are most divisive are Antonin Scalia and Clarence Thomas. Both men are on the conservative wing of the court and have held their position there for many years. Both are remarkably...
4 Pages(1000 words)Research Paper

Selection of US Supreme Court Justices

...of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office." ("U.S. Constitution Article 3 Section 1") The US Supreme Court Justice System is on par in terms of power and influence as the President and the Senate. The US Supreme Court is mandated to uphold the Constitution in any issue. It is to determine the constitutionality of a ruling rather than the determination of innocence or guilt, or the legality of an issue. It is thus of extreme...
8 Pages(2000 words)Essay

Supreme Court

...The Apocalypse of Adolescence By Yuliya Having read through the article en d "The Apocalypse of Adolescence", several conclusions came to mind. First, juveniles should almost never be given the death penalty, as this provides virtually zero learning in relation to moral guidance and the receipt of understanding as to what is right versus what is wrong. The death penalty takes their young lives and forever changes them, without the opportunity to be rehabilitated by competent sociological or psychological professionals. However, when the case is similar to the one in the article, the juvenile death penalty may be imposed, especially when the children show no regret for their actions. The problem, however, appears to lie in whether...
2 Pages(500 words)Essay

Supreme court justices- controversial case

...Supreme Court Justices-Controversial Case Since the time of the constitution, the notion of separation of church and has been not only an issue of much debate but also an issue challenged in multiple ways within supreme court rulings. According to the separation of church and state, the government has no jurisdiction over religious ceremonies or practices which are church affiliated. This applies to the arena of marriage as in most cases, it is under some type of religious authority that marriages take place. Additionally, the government should not be able to dictate who may or may not be married depending on gender differences or similarities. Most...
5 Pages(1250 words)Essay

Court Justices the victim. Question 4: How would YOU choose judges for the Supreme Court of Texas? Answer: I would choose judge for the Supreme Court of Texas through the process of screening test, interview and demonstration test. In this case, each candidate will have to pass a screening test related to written examination. Once cleared, the short listed candidates will have to appear for an interview. Only five candidates will be short listed from the interviews who will later appear for a demonstration test where the individuals and the institutions will all be present to ask complex questions from the screened candidates. Finally, a voting process will take place to select the...
1 Pages(250 words)Research Paper

Supreme Court

...Supreme Court Opinions The principle responsibility of the U.S. Supreme Court is to interpret the Constitution. It has thefinal say in settling legal arguments and determining the meaning of laws thereby setting national policy. The Justices write majority and minority opinions following a decision. These fall into four categories, unanimous, divided, very divided and per curium. Unanimous decisions are written when all nine members of the court vote the same way. The Chief Justice (John Roberts) assigns any Justice the task of writing it or may choose himself. Sometimes, if the case has many nuances...
1 Pages(250 words)Essay

Supreme Court

...Supreme Court Data of Supreme Court In the United s, the court is considered to be the highest tribunal in the land that is expected to exercise justice to all the citizens. It acts on, and provides fair arbitration to all the controversies and cases that arise under the constitution or the law. It being the final arbiter, the Supreme Court is entrusted with the ability to provide equal justice through the use and interpretation of the law, hence, it also functions and a guardian in interpretation of the constitution (Charles, 2012). It is because of these very important functions that the Supreme Court is expected to carry out constitutional review in order to equalize the constitution with the major changes that have taken place... in the...
1 Pages(250 words)Assignment

Supreme Court

...Supreme Court Supervisor June 27, Supreme Court The argument for an originalist perspective to interpretation of the constitution is rational because of the advantages that the theory offers to the contemporary and dynamic environment. The fact that no written constitution, or any other law, can anticipate and provide for all possibilities is one of the justifications for a non-originalist perspective. Laws, such as the constitutional amendments, were developed to remedy immediate and anticipated problems and transition through the amendments’ existence have realized developments, some of which are beyond expectations of the developers of the amendments. Relying on the letter of the amendments would therefore be retrogressive... and be a...
1 Pages(250 words)Assignment

Supreme Court

...Supreme Court case of Korematsu v. U.S Complaint The complaint in this case was that Korematsuwho was an American of Japanese descent was wrongfully evicted from his location to an internment camp. He complained that this violated his constitutional rights and hence refused to move as the order requested. This led to his arrest and conviction based on disloyalty and disobedience to the country and its laws. Brief summary of the facts At the peak of World War II, President Roosevelt signed a presidential executive order 9066 which demanded that all American-Japanese people be evacuated and taken into internment camps where they would be closely monitored. The aim of this order which was named the...
6 Pages(1500 words)Essay

Supreme Court

... DD Month YYYY ESSAY POLITICAL SCIENCE Introduction The American government is divided into various armswhich perform different functions. The arms include the judiciary, legislature and the executive. Every branch of the government has distinctive functions which they perform independent of the other branches. To achieve this each has their specific roles which they perform as led by their leaders. All branches are guided by the American constitution which details out the rule and regulations governing the Americans. This paper explores the functions of the supreme court, its roles as well as Federalism and its effects to America (R. Dye, Zeigler and Schubert). SUPREME COURT The supreme court carries out various functions... which...
1 Pages(250 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Research Paper on topic Important Models of Justices' Behaviour at the Supreme Court for FREE!

Contact Us