JUD- Supreme Court Cases Lesson

Supreme Court Cases

Since we have a federal system of government, the state and national government each have their own court system. Regardless of whether a case begins in federal or state court, the United States Supreme Court is the final stop.

The Supreme Court is the only court that decides what cases it will accept:

  1. Lawyers will file a writ of certiorari, which is a petition asking the Court to hear their case.
  2. The Court receives thousands of these petitions each year and rejects about 95% of them.
  3. The cases that are accepted are read and filed by law clerks for each of the nine Justices.
  4. The Justices go into conference and discuss each of these cases. If four of the nine justices agree to hear the case, the lawyers are notified. This is called the Rule of Four.

 

The Supreme Court has certain guidelines to consider when deciding whether or not to grant certiorari.

  • When the US Court of Appeals:
    • enters a decision in conflict with the decision of another US Court of Appeals on the same matter.
    • decides an important federal question is in a manner that conflicts with a decision by a state court of last resort; or departs from the accepted and usual course of judicial proceedings, or sanctions such as a departure by a lower court, as to call for an exercise of the Supreme Court's supervisory power.
  • When a state court of last resort decides an important federal question in a way that conflicts with the decision of another state court of last resort or of a US Court of Appeals
  • When a state court or a US Court of Appeals:
    • decides an important question of federal law that has not been, but should be, settled by the Supreme Court, or
    • decides an important federal question in a way that conflicts with relevant decision of the Supreme Court

Preparing a case for the Supreme Court can be time consuming and expensive. If a case takes years to get to the highest court, the lawyer's fees can be very high. People who can't afford these fees can ask for in forma pauperis, which asks permission not to be required to pay all the court fees.

Each session of the Supreme Court begins the first Monday in October. Less than 100 cases are heard in one year and decisions are usually made by summer. Cases are primarily heard through oral arguments, without a jury or trial. The two attorneys argue their case before the judges in about 30 minutes each. They must be able to answer questions and argue their points with the justices.

Once the oral arguments conclude, the justices go to a conference room and debate until they decide to vote on the decision of the Court.

The decisions of  the Supreme Court are written. Occasionally, a passionate justice will read the decision from the bench. There are four types of decisions or Opinions.

  • Majority Opinion - Majority decision that has the force of the law
  • Concurring Opinion - Justice agrees with the majority, but for their own reasons
  • Dissenting Opinion - Justice is in the minority and wants to express their views
  • Per Curium Opinion - Court issues a decision without an explanation.

 

 

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