Supreme Court Flashcards
Federal Court Structure
Supreme Court > Court of Appeals > District Courts
What Other Courts are parallel in structure
Military Courts, Veterans Courts, International Trade Courts, State Courts
Original Jurisdiction of Supreme Court
between states, Between Feds&States, Foreign Diplomats (Less than 4% of cases)
Appellate Jurisdiction of SC
Decisions by appellate courts (mostly), District Courts with 3 judges (rare), State supreme court appeals (not too rare) in total more than 96% of cases
Requirements for SC Justices
appointed by Pres, confirm by Senate. Serve in life and good behavior, no formal requirements. Why would choose? Legal professional theories, record of decisions.
Procedure for selecting SC cases
Petitioner makes “Request for Writ of Cert.”, referral to law clerks, issuance of Cert, Rule of 4,
Criteria for Selection
case of national significance, resolve conflicting laws, resolve conflicting legal opinions, precedent value, justices are interested
Procedure for cases
written briefs (long), response briefs (shorter), oral arguments, conference, vote/decision, writing opinions
criteria for decision making
constitution > state law > stare decisis > common law