Chapter One

Rule of Four

Only four of the supreme court justices have to hear a case for all nine to hear it.

If a hearing is denied, the previous ruling stands.

Supreme Court hears about 100 cases a year.

If there is a tie in the ruling, previous ruling stands.

Direct Appeal

Your right to appeal is guaranteed

How is a Supreme Court Justice appointed?

Appointed by President, but confirmed by the Senate.

Becomes a “lasting legacy” for the President that appointed Justice

How long does a Supreme Court Justice serve?

For life or until retirement

Writ of Centiorari

Happens when the Supreme Court agrees to look at a case. All previous info/documents from lower courts are sent to the Supreme Court for review.

Opinion of the Court

Decision plus rationale.

If the Court Justice is on the winning side, he decides who writes the rationale. If the Court Justice is not on the winning side, the most senior justice decided who writes rationale.

Concurring Opinion

Justice agrees with winning decisions, but has different reasoning and writes about it.

Dissenting Opinion

Written by justices that disagree with the ruling.

Recuse

Justice does not participate in ruling for some reason (ex: already heard case in lower court)

Judicial Review

The right of any court to declare law or government action invalid, because it violates the Constitution

Common Law

Also known as case law

Uniform across the nation

Similar punishments for similar crimes

Precedent

When a judge looks at past decisions to dictate current ruling.

What can precedent lead to?

1. Accept and follow from previous ruling

2. Modify or update previous ruling

3. Distinguish your case from another - new ruling

4. Overrule from previous case (ex: Roe v Wade)

Equity Law

There is no precedent

Rulings are judicial decrees - not yes/no rulings

Statutory Law

Created and passed by legislative body at all levels (local, state, federal)

Criminal Case

Must be proven “beyond a reasonable doubt”

Title of case has municipality (State, City, Country, etc)

Civil Case

Must have ”preponderance of evidence” aka be more convincing than the other side

Individuals and corporations suing each other

Demurr

Motion to dismiss a civil case

How are cases written? Which name goes first?

During first trial, Plaintiff is first, Defendant is second.

During appeals process, the one appealing is first, the winner of first trial is second.

What is an appellate court?

Where all appeals go

A three judge panel decide if a retrial is needed or if the case is finalized - when there are more than three judges, it is a very important case and should watched closely

Florida is in the 11th appellate court

Constitutional Laws

“Supreme law of the land”

All other laws must follow the Constitution

Executive Orders

Declared by elected officials (Can easily be undone by the next person)

All still go through judicial review

Administrative Agency

EX: FDA, FTC, etc

Courts review any agency policy

Judicial Laws

Changed through appellate court

En banc

When more judges look at appeal case

Usually eleven judges, instead of three

Trial Court

“Fact finding court”

Settled Law

9-0 ruling in Supreme Court

Very unlikely for the court to hear a similar case any time soon, because they feel as though they have clarified the law

Narrow Ruling

Justices saying that the ruling should not be considered precedent

Based solely on facts of that case

Grand Jury

16 to 23 people that decide if there is enough evidence to go to trial

Usually part of grand jury for any where from 30-90 days, but depends on population of the area

Only used for criminal cases