US Supreme Court: Steps, Cases & Ruling Impact

  • Thread starter Soaring Crane
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In summary: My last question revolves around the fact that a case's final decision will make a difference. Does this fact influence the Court's decisions or is it part of the criteria for determining Supreme Court authority in cases? The final decision in a case does have an impact on future cases, although this is not always taken into account when making a decision. The nine justices on the Court are highly respected and their opinions are often taken into account when deciding which cases to hear.
  • #1
Soaring Crane
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Hello!

I was just reading my government textbook, and I was a bit uncertain about the steps for deciding a major case--mostly the correct order they are in.

Does anyone know if this order is correct?

1 Lawyers must submit written briefs.
2 They must then present oral arguments before the Court.
3 The 9 justices meet to debate each case, express views and conclusions, and vote on a decision.
4 A majority opinion may be debated and rewritten several times before the final decision is announced.
5 A written opinion is issued that announces the Court's ruling and explains its reasoning.

My next question focuses on the ways cases come to the Court. Does this include a writ of certiorari and whether or not the case is on appeal?

My last question revolves around the fact that a case's final decision will make a difference. Does this fact influence the Court's decisions or is it part of the criteria for determining Supreme Court authority in cases?

I appreciate any help. Thanks.
 
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  • #2
sorry, this has nothing to do with your question. I just can't work out how one posts a question on this forum. do you need special membership. I've just signed up and can't see anywhere on the website to post a query like yours. apologies again but if you could take a moment to explain the process.
many thanks
 
  • #3
Soaring Crane said:
My next question focuses on the ways cases come to the Court. Does this include a writ of certiorari and whether or not the case is on appeal?

A writ of certiorari must be presented for a case to be heard at a higher level. Generally it goes from county, circuit, District Courts of Appeal, and then Supreme court.

Soaring Crane said:
My last question revolves around the fact that a case's final decision will make a difference. Does this fact influence the Court's decisions or is it part of the criteria for determining Supreme Court authority in cases?

The U.S. court system, like other court systems, uses common law. This basically dictates that any ruling made on a case will be used in the future to determine future cases (thus giving it power). Any order made by the court is *usually* going to be done. This does not always happen, as evident by Brown v. Board of Education. The northern schools integrated at a much faster pace than the southern schools.

The Supreme Court rules on whatever they choose to bring up. Since thousands of appeals are sent their way, they have the authority to choose which cases to consider.
 
  • #4
Caroline, I sent you a private message.
 
  • #5
sweetcaroline6 said:
sorry, this has nothing to do with your question. I just can't work out how one posts a question on this forum. do you need special membership. I've just signed up and can't see anywhere on the website to post a query like yours. apologies again but if you could take a moment to explain the process.
many thanks
Back in the main page of the General Discussion (and every) forum is a "New Thread" button. Press it to post a new thread - and welcome to PF!
 
  • #6
Soaring Crane said:
Hello!

I was just reading my government textbook, and I was a bit uncertain about the steps for deciding a major case--mostly the correct order they are in.

Does anyone know if this order is correct?

1 Lawyers must submit written briefs.
2 They must then present oral arguments before the Court.
3 The 9 justices meet to debate each case, express views and conclusions, and vote on a decision.
4 A majority opinion may be debated and rewritten several times before the final decision is announced.
5 A written opinion is issued that announces the Court's ruling and explains its reasoning.

Basically, yes.

My next question focuses on the ways cases come to the Court. Does this include a writ of certiorari and whether or not the case is on appeal?

Most cases come by writ of certiorari which is a request that the Supreme Court reconsider a U.S. Court of Appeals or State Supreme Court case (or other final and unappealable decision in a state court system) which has no precedential value if denied. It is not necessary to request en banc review by the U.S. Court of Appeals although this is often done. A small class of cases are heard in the U.S. Supreme Court immediately without being heard by a lower court, then referred to a special master who in turn reports back to the Supreme Court (mostly disputes between states and cases involving diplomats but also habeas corpus cases where there is no other proper venue). There are also a handful of cases which go directly from a trial court (usually a special three judge panel) to the U.S. Supreme Court -- these are usually election cases, redistricting cases or cases involving statutes that the Congress anticipated in advance would raise constitutional issues on their face.

My last question revolves around the fact that a case's final decision will make a difference. Does this fact influence the Court's decisions or is it part of the criteria for determining Supreme Court authority in cases? Both

I appreciate any help. Thanks.

Blah, blah, blah minimum comment length requirements.
 

1. What is the process for a case to reach the US Supreme Court?

The process for a case to reach the US Supreme Court begins with the filing of a petition for writ of certiorari, which is a request for the Court to review a lower court's decision. The Court then chooses which cases to hear based on a variety of factors, including the significance of the legal issues involved and the potential impact of the case. Once a case is selected, both parties submit written briefs and present oral arguments before the Court. After deliberation, the Court issues a ruling.

2. How does the US Supreme Court decide which cases to hear?

The US Supreme Court has discretion over which cases it chooses to hear. The Court receives thousands of petitions for review each year, but only accepts a small percentage of them. The Court generally considers cases that involve significant legal issues, conflicting decisions among lower courts, and cases that have the potential to impact a large number of people.

3. How do Supreme Court decisions impact society?

The decisions made by the US Supreme Court have a significant impact on society as they establish legal precedent and shape the interpretation and application of laws. The Court's decisions can affect the rights and freedoms of individuals, impact government policies and regulations, and shape the social and cultural landscape of the country.

4. What happens if the US Supreme Court is tied in a decision?

If the US Supreme Court is tied in a decision, meaning that the Justices are evenly split, then the decision of the lower court stands. This is because a tie does not establish a majority opinion, which is needed to overturn a lower court's decision. In cases where the Court is evenly divided, the decision does not set a precedent for future cases.

5. How can the US Supreme Court's decisions be overturned?

The US Supreme Court's decisions can only be overturned in two ways: by a subsequent ruling of the Court itself or through a constitutional amendment. The Court can overturn its own decisions if a new case presents a compelling reason to do so. Additionally, a constitutional amendment can be proposed and ratified to overturn a Supreme Court decision that is seen as unconstitutional by the majority of the country.

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