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Published byCori Park Modified over 9 years ago
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Judicial Process How does a case get to the Supreme Court?
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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
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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.
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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
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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?
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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.
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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.
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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.
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