How does the Supreme Court decide to hear a case?

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Presentation transcript:

How does the Supreme Court decide to hear a case? August 13, 2015

History of the Supreme Court The US Supreme Court decisions have shaped history: important decisions have ended racial segregation, enforced child labor laws, kept firearms away from schools, and given the federal government the ability to regulate interstate commerce.

How does a case get chosen? A case must involve an issue of federal law or otherwise fall within jurisdiction of federal courts. A person must file a lawsuit in the local state or federal court. A trial judge will hear evidence and consider legal arguments from each side. If the judge decides all or part of the case against you, you can appeal to a higher court. When you have appealed as far as possible you can consider appealing to the Supreme Court.

How con’t After you appeal the next step is to prepare a “petition of certiorari” (a document the court will read in order to decide whether to hear the case) The document will include history, basic facts, and the important legal issues that your case presents. Your opponent has a choice to file a response. Your file will then go to the Supreme Court clerks, who will review all documents, summarize them for the justices, and include a recommendation on whether to take the case. If they decide to hear the case they will issue a “writ of certiorari”

Four factors the court considers when choosing cases The court will hear cases to resolve a conflict of law. The court will hear cases that are important. The court will sometimes hear cases that speak to the Justices’ Interests. The court hears cases when lower courts disregard past Supreme Court decisions.