The Supreme Court at Work

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Presentation transcript:

The Supreme Court at Work 12.1

Objectives Discover the route that most cases from other courts reach the Supreme Court Analyze the main steps taken by the Supreme court in deciding cases

How Cases Reach the court I. Cases Reaching the Court A. Original Jurisdiction – (3%) B. “Appeals” (Appellate Jurisdiction) 1. 2 Ways: a. Writ of Certiorari i. request from the Justices to hear case ii. Lawyers can petition for “cert” -90% rejected

How Cases Reach the Court b. on Appeal i. typically deal with constitutionality cases. -from lower state or district courts ex:) state marriage laws

Selecting Cases II. Selecting Cases A. Justices & Clerks 1. “Discuss List” a. 2/3 of petitions never make the list b. “Rule of Four”

4 Steps in Deciding Major Cases 1. Submitting Briefs - Written statement setting fourth legal arguments, facts, & precedents a. Amicus Curiae Brief i. allow other groups to offer insight -help in influencing courts decision 2. Verbal Arguments a. 30 minute summaries i. White & Red Lights on Lectern

4 Steps in Deciding Major Cases 3. Conference (W & F) a. 30 minutes on each case i. must have 6 justices present for voting *Tie Vote = lower court decision 4. Opinions -Opinion states the facts of the case, the courts ruling and the reason for the ruling

4 Steps in Deciding Major Cases Opinion Types: 1. Unanimous Opinion - All justices vote the same way 2. Majority Opinion- Majority of the justices vote the same way 3. Concurring Opinion- Justices who agree with the majority opinion but for different reasons write the concurring opinion 4. Dissenting Opinion- Opinions of Justices from the losing side of the vote