The Supreme Court
Jurisdiction
Original—first to hear a case
1. State vs. US. (New York vs. Clinton)
2. Ambassador/public minister
3. Issues between states (VA vs. MD
over Potomac River)
Jurisdiction
Appellate—After heard by
lower courts
• All other types of cases
(both State and Federal)
How a case reaches the
Supreme Court?
1. Case is
filed in
federal
district
court
How a case reaches the
Supreme Court?
2. Case is
appealed
to federal
court of
appeals
How a case reaches the
Supreme Court?
3. Case is appealed to Supreme
Court:
Allows lower court ruling to
stand(stare decisis)
Sends case back to lower court
Agrees to hear case (Grant Writ of
Cert)
What types of Cases get
Cert?
- Rule of 4
- Conditions for Cert
- Significant federal or
constitutional
questions.
- Conflict in lower
courts
- Interpretation needed
for federal or state law
Elements of a Supreme Court Case
1. Written Brief
Prepared by lawyers
to lay out case
- Amicus curiae
briefs (friends of
the court)
- Affected 3rd
parties.
Elements of a Supreme
Court Case
2. Oral Arguments
Representing lawyers
argue in front of 9
justices
- 30 minutes per side
- Rapid fire questioning
from justices.
Elements of a Supreme Court Case
3. Justices
meet in
Conference
Share
opinions
and views in
secret
Elements of a Supreme
Court Case
4. Chief Justice assigns writing of
opinions (if in majority)
Majority Opinion—official decision
Dissenting opinion—written by a justice
who disagrees
Concurrent Opinion- agrees with majority
but for different reasons.
Elements of a Supreme
Court Case
5. 4 months later
the decisions will
be released
- These decisions
will set precedent
for future law and
cases.