THE US SUPREME COURT March 10, 2008. ORIGINAL v APPELLATE (1.) A COURTS AUTHORITY TO HEAR AND RULE ON A CASE FIRST (2.) A COURT THAT HEARS A CASE AFTER.

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Presentation transcript:

THE US SUPREME COURT March 10, 2008

ORIGINAL v APPELLATE (1.) A COURTS AUTHORITY TO HEAR AND RULE ON A CASE FIRST (2.) A COURT THAT HEARS A CASE AFTER IT HAS BEEN HEARD BY A LOWER COURT SUPREME COURT HAS (3.) BOTH JURISDICTIONS (4) MAJORITY HEARD ON APPEAL

PRIMARY APPEAL METHOD (5) WRIT OF CERTIORARI ORDER FROM THE SUPREME COURT TO A LOWER COURT (6) TO SEND ALL RECORDS TO THE SC FOR REVIEW

CERTIORARI DENIAL NO (7) HARM TO PETITIONER NO (8) ADVISORY OPINIONS

CASE SELECTION RULE OF (9) FOUR IF (10) 4 OF 9 JUSTICES AGREE, THE CASE WILL BE HEARD

FILING IN FORMA PAUPERIS 50 % OF ALL WRITS OF CERTIORARI ARE FILED (11) IN FORMA PAUPERIS (12) NO FEE CHARGED IF ACCEPTED (13 ) ATTORNEY WILL BE APPOINTED

TIMELINE AFTER ACCEPTANCE PARTIES NOTIFIED TO SUBMIT BRIEFS A LEGAL DOCUMENT THAT (14) OUTLINES THE FACTS, LEGAL PRINCIPLES, AND PREVIOUS CASES RELATED TO THE CASE AMICUS CURIAE BRIEF SUBMITTED BY AN (15) OUTSIDE PARTY SUPPORTING ONE SIDE OF THE CASE

ORAL ARGUMENTS EACH SIDE IS GIVEN ( 16) 30 MINUTES TO PRESENT JUSTICES MAY QUESTION AT ANY TIME

CONFERENCE JUSTICES MEET (17) TO DISCUSS AND VOTE ON CASES CONFIDENTIAL --- ONLY JUSTICES ALLOWED

COURT DECISIONS MAJORITY OPINION = (18) DECISION + LEGAL REASONS CONCURRING OPINION = (19) AGREE BUT FOR DIFFERENT REASON DISSENTING OPINION = (20) DISAGREE WITH MAJORITY + REASONS

COURT DECISIONS-CONT. 1/3 OF ALL DECISIONS (21) ARE UNANIMOUS TIE = (22) LOWER COURT DECISION STANDS

FACTORS INFLUENCING DECISIONS STARE DECISIS (23) “LET THE DECISION STAND” (24) JUDICIAL RESTRAINT= BELIEF THAT JUDICIAL DECISIONS SHOULD NOT CONTRADICT THE WISHES OF ELECTED GOVERNMENT MEMBERS UNLESS (25) THERE IS A CONFLICT WITH THE CONSTITUTION (26) JUDICIAL ACTIVISM= BELIEF THAT JUDGES/JUSTICES SHOULD TAKE AN ACTIVE (27) ROLE IN MAKING GOVERNMENT POLICY THROUGH THEIR DECISIONS.

THE PLAYERS (28) CHIEF JUSTICE SALARY (29) $208,100 THE PRESIDING JUSTICE OF THE U.S. SUPREME COURT. SELECTED BY THE PRESIDENT. CONFIRMED BY THE US SENATE

THE PLAYERS (30) ASSOCIATE JUSTICE SALARY (31) $199,200 JUSTICE ON THE U.S. SUPREME COURT APPOINTED BY PRESIDENT, CONFIRMED BY US SENATE CONSTITUTIONAL REQUIREMENTS = (32)________________________________ LIFETIME APPOINTMENT DURING (GOOD BEHAVIOR)

THE PLAYERS ( 33) SOLICITOR GENERAL CHIEF ATTORNEY FOR THE UNITED STATES AT THE SUPREME COURT NICKNAMED (34) “THE TENTH JUSTICE”

CLERKS (35) 4 CLERKS PER JUSTICE MOST SERVE FOR ONE OR TWO YEARS PRESTIGIOUS LAW SCHOOL GRADS ASSIST JUSTICES WITH SELECTION OF CASES AND WRITING OF OPINIONS.

MORE LATIN EX PARTE (36) “FROM ONE PART” LEGAL PROCEEDING IN WHICH ONLY ONE PARTY APPEARS BEFORE THE COURT

MORE LATIN PER CURIAM OPINION (37) “BY THE COURT” AN UNSIGNED COURT DECISION IN WHICH ALL JUSTICES AGREE. NO DETAILED EXPLANATION IS PROVIDED

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