Warm-up Question: Pretend you are a Supreme Court Justice…What are three factors you would consider when deciding whether to hear a case?
Post on 04-Jan-2016
Warm-up Question:Pretend you are a Supreme Court JusticeWhat are three factors you would consider when deciding whether to hear a case? Granting CertThe Supreme Court is not and has never been primarily concerned with the correction of errors in lower court decisions.- Chief Justice VinsonCRITICAL QUESTION: Which types of cases end up at the Supreme Court?Focus On:Case criteriaEffects of case overloadEconomic statusPetition for a Writ of Certiorari Huh?Petition: a formal message requesting something that is submitted to an authority Writ of Certiorari: A written order issued by a higher court to a lower court to send up the record of a case for review. Petition for a Writ of Certiorari CASE CRITERIAWhat does a Petition for Cert Contain? Cert-worthy CriteriaConflicts in lower courtsIntolerable Circuit ConflictImportant QuestionMultiple amicus briefs at cert stageAffects large number of people Special circumstance/Specific Question More Reasons to Deny Than to Grant!A petition that raises too many questions (prefer focusing on one issue)Bad vehicle for reaching this legal issueCase is deemed frivolousInvolves a Political QuestionCant be hypotheticalA better case in the pipelineCASE OVERLOADHow many cert petitions are considered?6,142 IFP Petitions1,596 paid Petitions77 cases argued, 72 decided after argumentAbout 1% of all petitions!7,738 total Petitions+Statistics compiled from Chief Justice Robertss 2009 Year-End Report on the Federal Judiciary and SCOTUSBlog, 6.29.09 StatPackCert OverloadWith 8,000 petitions per yearIf a Justice spent 40 hours per week.50 weeks per year ONLY reading cert petitions...Cert Overload15 minutes per petition!The Justices cannot possibly read all the cert petitions. They just dont have the time. Cert PoolIN the pool NOT in the poolRobertsScaliaKennedySotomayorThomasGinsburgBreyerKaganAlito=4 clerks x 8 justices =32 law clerks read 8,000 petitionsEach clerk reads and writes a memo on 250 petitions/yr4 clerks x 1 justices =4 law clerks read 8,000 petitionsEach clerk reads 2000 petitions/yr= Advantages of the PoolSaves timeSomeone is more thoroughly going over each petitionClerks from other chambers can mark up pool memos and give to their justice Disadvantages of the PoolReduces independence amongst justicesThe pool gives clerks too much responsibility for setting the Courts agendaIntroduces unintended bias into the selection systemECONOMIC STATUSDont forget: You can copy-paste this slide into other presentations, and move or resize the poll.Who has the best chance of being selected?Paid PetitionsPetitions that pay the $300 filing feeIn forma pauperislitigants who cant pay the filing fee (often prisoners)~20% of petitions~80% of petitions3-4% granted0.2% grantedMake up 85-90% of docketMake up 10-15% of docket********Sui Generis - 1 of a kind (U.S. v. Nixon, Bush v. Gore)Legal importance - (when theres confusion in the legal system, ie: sentencing)Amicus brief- additional brief filed by someone else such as the ACLU to give more info about a case*********Press F5 or enter presentation mode to view the pollIn an emergency during your presentation, if the poll isn't showing, navigate to this link in your web browser:http://www.polleverywhere.com/multiple_choice_polls/LTEyMjA4MDIwNjMIf you like, you can use this slide as a template for your own voting slides. You might use a slide like this if you feel your audience would benefit from the picture showing a text message on a phone.**
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