Writ of certiorari
Amicus Curiae
"Friend of the court" -Someone who isn't one of the parties but can offer guidance
Hierarchy
(In pyramid form) Bottom: District courts Middle: Circuit courts Top: Supreme court of US
Circuit Courts of Appeal
-Cases heard by panels of 3 judges (drawn via lottery) -Losers can ask for en banc review by all judges Decisions by a circuit court binds every state in the circuit
Brown v. Board of Education
-Court held that public school segregation was unconstitutional; violating the 14th amendment provision that guarantees equal protection under the law to all citizens -Opinion became a legal basis for all public schools in the south and they were ordered to end their policy of racial segregation.
How does a case get into federal district court?
-Federal gov't is a party - Federal question -Diversity jurisdiction
Justices
-Meet in conference to discuss case, take initial vote -Opinion is then assigned (by chief justice or senior justice in majority) -Drafts will be circulated... other justices might draft concurrences or dissents
When do courts intervene?
-to clarify the law (2nd am: DC v. Heller) -Example: cases on gerrymandering -Court tends to not take on divisive controversies
Opinion
Explains the legal basis for decision
How does the supreme court of the US work?
Once a case is accepted by court-parties submit briefs, then oral argument is held.
certiorari
Petition that gets filed asking the court to hear the case (clerks go through petitions) -Need 4 votes to grant "cert" -Approx 1% if cert petitions get granted -Solicitor general files amicus brief asking court to take on case
Decision
indicates which party won the case