Writ of certiorari

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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


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