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The Supreme Court at Work
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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
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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
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How Cases Reach the Court
b. on Appeal i. typically deal with constitutionality cases. -from lower state or district courts ex:) state marriage laws
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Selecting Cases II. Selecting Cases A. Justices & Clerks 1. “Discuss List” a. 2/3 of petitions never make the list b. “Rule of Four”
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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
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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
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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
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