The Supreme Court. Jurisdiction Original—first to hear a case 1.State vs. US. (New York vs. Clinton) 2.Ambassador/public minister 3.Issues between states.

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Presentation transcript:

The Supreme Court

Jurisdiction Original—first to hear a case 1.State vs. US. (New York vs. Clinton) 2.Ambassador/public minister 3.Issues between states (VA vs. MD over Potomac River)

Jurisdiction Appellate—After heard by lower courts All other types of cases (both State and Federal)

How a case reaches the Supreme Court? 1. Case is filed in federal district court

2. Case is appealed to federal court of appeals How a case reaches the Supreme Court?

3. Case is appealed to Supreme Court: Allows lower court ruling to stand(stare decisis) Sends case back to lower court Agrees to hear case (Grant Writ of Cert)

What types of Cases get Cert? -Rule of 4 -Conditions for Cert -Significant federal or constitutional questions. -Conflict in lower courts -Interpretation needed for federal or state law

Elements of a Supreme Court Case 1.Written Brief Prepared by lawyers to lay out case -Amicus curiae briefs (friends of the court) -Affected 3 rd parties.

Elements of a Supreme Court Case 2. Oral Arguments Representing lawyers argue in front of 9 justices -30 minutes per side -Rapid fire questioning from justices.

Elements of a Supreme Court Case 3. Justices meet in Conference Share opinions and views in secret

Elements of a Supreme Court Case 4. Chief Justice assigns writing of opinions (if in majority) Majority Opinion—official decision Dissenting opinion—written by a justice who disagrees Concurrent Opinion- agrees with majority but for different reasons.

Elements of a Supreme Court Case 5. 4 months later the decisions will be released - These decisions will set precedent for future law and cases.