Writs of certiori (writs of cert) Describe the process of granting a writ of cert by the Supreme Court. Why does this process exist?

Slides:



Advertisements
Similar presentations
UNIT 6 – THE FEDERAL COURT SYSTEM Power point 2 – The Supreme Court and Special Courts.
Advertisements

Article III of the Constitution
The Judicial Branch Chapter 14 Daily Dilemma: Should justices exercise judicial restraint or judicial activism?
The Supreme Court/ The Supreme Court at Work
STANDARD(S) ADDRESSED: 12.4 Students analyze the unique roles and responsibilities of the 3 branches of government. LEARNING OBJECTIVES/ GOALS/ SWBAT 1.Define.
The Supreme Court at Work. Basic Facts About the Supreme Court 9 Justices on the Court Each “term” begins first Monday in October and lasts until they.
29d. Explain how a case reaches the Supreme Court, including the appeals process, Writ of Certiorari, and Supreme Court Justices By: John Gruhn.
The United States Supreme Court.  Function: ◦ Ensures uniformity in interpreting national laws ◦ Resolves conflicts among states ◦ Maintains national.
THE SUPREME COURT AT WORK PROCEDURES, HOW CASES REACH THE COURT & STEPS IN DECIDING CASES.
Ch. 12 The Supreme Court. Petitions Stage: by what Routes can Cases Reach the Supreme Court? 1)Petition for Writ of Certiorari – most common Supreme Court.
The Supreme Court at Work
Homework: OL 12.1 (all) due Tuesday FrontPage: Why do you think the Supreme Court decides to hear certain cases and not others?
Chapter 18: The Federal Court System Section 3
The Certiorari Process
Part B: Notes: Chapter 18 “The Federal Court System”
U.S. Supreme Court. The only court specifically stated in the Constitution – Led by a chief justice The highest court in the nation Justices are appointed.
Structure of the American Court System. Justices of the Supreme Court.
Section 1: The Supreme Court at Work Section 2: Shaping Public Policy Section 3: Influencing Court Decisions.
THE US SUPREME COURT March 10, ORIGINAL v APPELLATE (1.) A COURTS AUTHORITY TO HEAR AND RULE ON A CASE FIRST (2.) A COURT THAT HEARS A CASE AFTER.
The Supreme Court. Composition of the Court Judiciary Act of 1789 Six justices, including 1 Chief Justice Changed 6 times since Current number is 9 justices,
The Judiciary Chapter 10- The Judiciary. Federal Judiciary Act of 1789 O Established the basic 3 step federal court system. 3. Supreme Court 2. Appellate.
Questions What are three types of jurisdiction? What are two types of juries? When is each used? What is senatorial courtesy and when is it used? How many.
The Supreme Court At Work Chapter 12 Section 1. The Court’s Procedures Since 1979, the Supreme Court has been in continuous session, taking only periodic.
While the words of the Constitution is binding, the meaning of it is vague and left to the Supreme Court for interpretation. The question of how to resolve.
UNIT #4 The Judicial Branch CHAPTER #12 The Supreme Court at Work LESSON #1 How the Court Process Works.
Warm-up Question: Pretend you are a Supreme Court Justice…What are three factors you would consider when deciding whether to hear a case?
1 Unit 02 The Courts. Article III, Section 1 –“One Supreme Court, and such inferior courts as the Congress may from time to time ordain and establish.”
Case Selection: Process Supreme Court staff assign docket number Certiorari pool system Chief Justice circulates discussion list Justices meet in conference.
The Supreme Court The Structure of the Court. The Supreme Court The Constitution mentions only one court – the Supreme Court The Constitution mentions.
Federal Court System. Federal Courts Creation of Federal Courts –No national court system under Articles of Confederation –Article III established Supreme.
Types of Federal Courts The Constitution created only the Supreme Court, giving Congress the power to create any lower, or “inferior,” courts as needed.
Essential Question How does the Supreme Court function?
The Federal Courts. I. Jurisdiction A. Trivia Question: How many court systems exist in the US today?
THE COURT’S PROCEDURES Washington, DC The Supreme Court meets about nine months out of the year. The Court traditionally convenes on the first Monday.
UNIT 4: SECTION 1 JUDICIAL BRANCH: ROLES, RESPONSIBILITIES, AND POWERS Essential Questions: How are Supreme Court justices appointed and confirmed by the.
Presentation Pro © 2001 by Prentice Hall, Inc. Magruder’s American Government C H A P T E R 18 The Federal Court System.
Judicial Branch – Jurisdiction of the Supreme Court Unit IV – Part 2.
Intro to the Appellate Process When a party loses at trial they have the right to appeal the decision. An appeal is always about whether the law was correctly.
The Courts AP US Government. Some Basic Legal Terms Litigant – Someone involved in a lawsuit. This includes both plaintiff (one bringing the charge) and.
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.
CH 12 SEC 1 THE SUPREME COURT AT WORK I. THE COURT’S PROCEDURES A.During two-week sessions, justices hear oral arguments on cases from Mondays through.
Mock Supreme Court Assignment, Discussion & Activity with 8.3 & 8.4.
Supreme Court. Judicial Review Judicial review Judicial review power of a court to determine the constitutionality of a government action power of a court.
Chapter 18: The Federal Court System Section 3. Copyright © Pearson Education, Inc.Slide 2 Chapter 18, Section 3 Objectives 1.Define the concept of judicial.
The Supreme Court The court’s procedures – During two – week sessions, justices hear oral arguments on cases and then meet to make decisions on them. –
The Function of the Supreme Court
Chapter 10- The Judiciary
Granting Certiorari.
The Supreme Court.
The Supreme Court Chapter 18 Section 3.
LEARNING OBJECTIVES/ GOALS/ SWBAT
The Supreme Court.
Article III of the Constitution
Chapter 18 “The Federal Court System”
The Federal Court System Chapter 11
Article III of the Constitution
The Federal Court System
The Court System Appeals.
Judicial Branch.
Chapter 18: The Federal Court System Section 3
Bell Ringer: Write five questions you think may be on the test for chapter 7 Include the test question and the answer The questions can be ABC choice,
The Courts AP US Government.
The Supreme Court at Work
The Judicial Branch Article III US Constitution
The Supreme Court at Work
Supreme Court at Work.
The Supreme Court GOVT Notes 5-2.
How does the Supreme Court decide to hear a case?
The Supreme Court Chapter 18.
The United States Court System
Presentation transcript:

Writs of certiori (writs of cert) Describe the process of granting a writ of cert by the Supreme Court. Why does this process exist?

Step 1: Appeal Parties who are not satisfied with the decision of a lower court (federal court of appeals) must appeal to the U.S. Supreme Court to hear their case. This is not because a person was unhappy with the verdict. It has to involve one of two subject matter jurisdictions: Federal question cases—cases concerning Constitution, federal laws, or treaties Diversity cases—cases involving citizens of different states

Step 2: The petition The primary means to petition the court for review is to ask it to grant a writ of certiorari. This is a request that the Supreme Court order a lower court to send up the record of the case for review. Court usually is not under any obligation to hear these cases; usually those they hear: –could have national significance –might harmonize conflicting decisions in the federal Circuit courts –could have precedential value

Step 3: Cert pool Each Justice cannot read each petition for certiorari, so they have an informal "cert pool" –Petitions for cert come in weekly –divided among the Justices (and their law clerks) Justice has 3-4 law clerks per Court term. –graduated from the best law schools –do legal research –help prepare questions that the Justice may ask during oral arguments –assist with the drafting of Court opinions Clerks read the petitions, write a brief memo about the case, and recommend whether to accept the case –Memos and recommendations then go to the “Justices' Conference”

Step 4: Justices’ Conference Court accepts between cases a year from the cert pool The Court has its own set of rules for making final choices: –four of the nine Justices must vote to accept a case, called the RULE OF FOURRULE OF FOUR –Established by Judiciary Act of 1891

Step 5: Grant of writ By granting a writ of cert, the case is placed on the docket (official list of cases) The petitioner (the person/lawyer who wants the case heard) must write page brief, a written statement that summarizes the case and laws/rulings that support it –The other party, known as the respondent, can also write a brief Petitioner and respondent can file briefs of a shorter length that respond to the other party's position. –U.S. Government (Solicitor General), can file a brief –With permission, groups can file an amicus curiae brief with arguments and recommendations for how the case should be decidedhow the case should be decided