2. Of all the cases
appealed to the
Supreme Court each
year, only 1% of them get
heard.
How do they get there?

3.  Original Jurisdiction
› What are the two
circumstances where
the Supreme Court has
Original Jurisdiction?
 From lower courts
› Writ of Certiorari
› On Appeal

4.  An order from the Supreme Court to
send up records from a lower court case
for review
 People can petition the Court for
certiorari
› Must argue that the lower court made a
mistake or…
› The case involves a constitutional issue
 Only 10% get accepted

5.  Decision of a lower
federal or state court has
been requested to be
reviewed
 Few cases arrive on
appeal
 If a case is dismissed, the
decision of the lower
court stands

6.  Cases worthy of consideration get put
on the “discuss list” (about 1/3)
 If four of the justices agree to hear the
case, it will be heard
 Per CuriamOpinion-
 Court rules quickly on the basis of written
materials only
 Brief, unsigned statement of the court’s
opinion

7.  1. Submitting briefs
 2. Oral Arguments
 3. The Conference
 4. Writing the Opinion

8.  Written statement from
lawyers
› Legal arguments
› Relevant facts
› Precedents
 Amicus Curiae Brief
› “friend of the court”
› Briefs from interest groups/govt.
agencies who are not directly
involved, but have an interest in
the case

9.  Each lawyer gets 30
min to summarize their
key points
 Justices may interrupt
and ask questions
 Time warning-
› White light (5 min)
› Red light- stop talking
immediately

10.  TOP SECRET
 The nine justices meet
wed. and fri. to discuss
the cases they have
heard
 No records are kept
 No one else is allowed in
the room
 When they leave, they
have a decision
› Need majority to make
ruling

11.  Unanimous decision- all agree
 Majority opinion- most of justices
 Concurring opinion- agree with
majority’s opinion, but for different
reasons
 Dissenting opinion- justices on the losing
side