Lecture Feb. 22

Lecture Feb. 22 - Lecture February 22, 2008 The Supreme...

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Lecture February 22, 2008 The Supreme Court o Original Jurisdiction: authority of a court to hold a trial Actions in which a state is a party Actions affecting ambassadors, public ministers, and consuls o Appellate Jurisdiction: authority to hear appeals about the judgment of the lower court that tried a case, and to order reversal or other correction if error is found The Supreme Court- appeals Process o Certiorari: a write of a higher court to a lower court to send all the documents in a case to it so the higher court can review the lower courts decision How most cases come to the Supreme court Filed by the party that loses in the lower court The court has the discretion to grant or deny an petition If the court grants a petition, the case is usually set for full briefing by the parties, oral argument and a write decision by the court affirming, reversing or modifying the decision of the lower court If the court denies a petition, the lower court’s judgment remains intact The Court’s denial of review does not, however, express any view on the merits of the underlying questions presented by the case, and has no precedential value in and of itself o Writ of Appeal (as a matter of right) Party seeking review files a jurisdictional statement A party opposing review files a response that is styled a motion to dismiss or affirm If the court decides to review the case, it issues an order that notes probable jurisdiction If the court decides not to entertain full briefing and argument, it may issue a summary order
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This note was uploaded on 02/03/2009 for the course PLSC 382I taught by Professor Kent,shanise during the Spring '08 term at Binghamton.

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Lecture Feb. 22 - Lecture February 22, 2008 The Supreme...

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