Chapter 2 The Court System September 5th 2014 2 4 The Certiorari Process Learning Objectives Understand the Supreme Court s jurisdiction including what kinds of cases are selected of review Explore what happens when lower courts appeal disagree with each other Learn about the Supreme Court s process in hearing and deciding a case Supreme Court s Jurisdiction Jurisdiction of the Supreme Court is discretionary For justices to hear a case the looking party must file o Writ of Certiorari Petition filed with a supreme court arguing why the case should be heard Term When used by the Supreme Court a period of time when the Court is in session from October until June o In forma pauperis Leave by a court to indigent litigants to proceed without paying any fees o Cases fall into one of three categories o Cases of tremendous national importance o Cases where justices believe that lower courts have misapplied or misinterpreted a prior Supreme Court precedent o Circuit split Split among the federal circuit courts of appeals on the meaning of a federal law Geography of U S Federal Courts The Certiorari Process When a petition for writ of certiorari is filed with the Supreme Court the party that won the case in the appeal files an opposition Rule of four Supreme Court rule that only four justices need to agree for a case to be heard In a term each Supreme Court justice is permitted to hire up to four law clerks for assistance o Cert pool Many justices rely on their clerks to read the thousands of filed petitions and to make recommendations on whether or not to grant the case If a petition is granted the parties are then instructed to file written briefs with the Court o Laying out arguments of why their side should win At this point the Court allows nonparties to file an amicus brief o Amicus Brief Filed by nonlitigants with permission of the court to inform and persuade a court Otherwise known as friend of the court brief Supreme Court s Process in Hearing After the justices have read the briefs in the case they hear oral arguments from both sides After the oral arguments the justices meet in conference to decide the outcome of the case Justices work along in their conferences Task of drafting legal opinions is initiated after deciding which side should win Types of Opinion legal community Opinions are the only way that justices communicate with the public and the o Majority opinion Opinion of the court written by a single judge and joined by other judges who voted the same way o Dissenting opinion Opinion of a judge who disagrees with the outcome and reasoning employed by the court majority o Concurring opinion Opinion written by a judge who agrees with the majority s outcome but disagrees with their reasoning Supreme Court s Process in Deciding a Case After all the opinions are drafted the Court hands down the decision to the public Except in rare instances all cases are heard and decided in the same term o As the Court maintains no backlog
View Full Document
Unlocking...