Judicial Process How does a case get to the Supreme Court?

State vs. Federal Courts  When a violation occurs, the suit is filed in either state courts  state law is broken Federal Court  Federal law broken  Constitutional issue

Federal District Court  First level of federal courts, around the nation EG: Boy’s family sues school for violating his religions liberty by requiring him to cut his hair.

District Court Rules  Usually a 3 judge panel decides the case (not a jury trial, they are suing the government)  Either side can appeal EG: Court says that school was wrong in forcing boy to cut hair or wear it in a bun or tucked away in his shirt

Federal Court of Appeals  11 “circuits”  Mandatory Review: They must hear an appeal.  Why would you choose to appeal your case? Why would you decide not to appeal?

Appeals Court Rules  Again, a 3 judge panel  Can refer back to a lower court  EG: Appeal court agreed with lower court, “Upheld” lower court opinion.

Supreme Court  Discretionary Review  9 judge panel decides EG: School may appeal again to the Supreme court. If they decide not to hear the case, the ruling stands.

Dissent  At each level the “majority” (3-0 or 2-1) writes an “opinion” about the case.  The “minority” can write a “dissent”, stating their reasons for disagreeing with the ruling.