Each judge may have between three and four clerks per warrant. These are people who have recently graduated from law school, usually at the top of their class from top schools. Often, they served a year or more as an articling student for a federal judge. Among other things, they conduct legal research to help judges decide which cases to accept. assist in the preparation of questions that the judge may ask during the hearing; and assistance in the preparation of opinions. Before the court decides whether or not to hear Mr. Lyon`s motion, external groups interested in the outcome of the case can file briefs explaining to the court why it should grant the certiorari. These groups are known as amici curiae, which in Latin means “friends of the court”; The letters they submit are called Amicus Briefs. In the certiorari phase, when the court decides whether a case should be heard, amicus briefs are usually filed only by those who agree with the applicant that the court should consider the case. The Supreme Court plays a very important role in our constitutional system of government.
First, as the highest court in the country, it is the court of last resort for those seeking justice. Second, because of its power of judicial review, it plays a critical role in ensuring that each branch of government recognizes the limits of its own power. Third, it protects civil rights and freedoms by removing laws that violate the Constitution. Finally, it sets appropriate limits on democratic government by ensuring that popular majorities cannot pass laws that harm and/or excessively exploit unpopular minorities. Essentially, it serves to ensure that the changing views of a majority do not undermine the fundamental values common to all Americans, namely freedom of speech, freedom of religion, and due process. Although Amici often asks the court to allow split arguments – so that they can use part of the half-hour allotted to a party to make their own arguments – these demands are rarely met when they come from private groups. However, in Lyon v. Animal House Zoo, the court (as is often the case) granted the Solicitor General`s request for shared reasoning.
Since the Solicitor General will be advocating for the United States in support of the defendant, she (or another lawyer in her office) will use ten minutes of the half-hour allotted to the zoo. If a judge agrees with the outcome of the case, but not with the reasoning of the majority, that judge may write a concurring opinion. Each judge may write a separate dissenting opinion. In the event of a tie, the decision of the lower court shall apply. This can happen if, for any reason, one of the nine judges is not involved in a case (for example, if a seat is vacant or a judge has had to resign). If, at this stage, you decide to appeal to the Supreme Court, the next step is to prepare a “petition for certiorari”. This is the document that the Court will read to decide whether a case will be heard. In this document, you will add a history of the case, the basic facts and the important legal issues that your case represents. Your opponent also has the option to file a response, and other interested parties may file briefs in support of or reject the petition.
Your file is then forwarded to a group of Supreme Court officials who review all the documents, summarize them for the judges and make a recommendation as to whether the case should be taken over. The judges then make a final decision. If they decide to listen to a case, they will issue a “writ of certiorari”. The Court also hears cases that address important constitutional issues, such as the extent of state violence. It also looks for cases that will affect the entire nation, such as those dealing with a person`s right to expression and freedom of the press. Usually, the current “writ of certificate” of a court of appeal says, “Send us the transcript in this case that you recently decided.” In very rare cases, a writ of certiorari before the appeal judgment states: “Send us the file in this case that you have not yet verified. It allows the Court to act at maximum speed in unusual cases of great public importance. Realistic court simulations focus on Bill of Rights cases with scenarios relevant to youth. Agreeing with the 2nd Circuit`s decision and wanting this decision to prevail, the zoo argues in its BIO that the court should reject Mr.
Lyon`s Cert. motion and choose not to hear the case. Once the certiorari applications have been processed, the judges begin to discuss the cases that have been heard since their last conference. According to the Minutes of the Supreme Court, all judges have the opportunity to express their views on the case and to express any questions or concerns they may have. Each judge talks about the others without interruption. The Chief Justice makes the first statement, then each judge speaks in descending order of seniority and ends with the youngest judge – the one who has served on the court in recent years. The designated judges then draft and circulate opinions in which they set out the reasons for their decision. The time it takes to finalize an opinion depends on several factors, including the division of judges, the judge writing the opinion, and the court`s schedule. As a rule, all cases are decided when the court takes a break for the summer in late June or early July.
Americans may have heard the phrase “go all the way to the Supreme Court.” This simple sentence reflects two important facts: a Supreme Court hearing is the final stage of a trial; And a case that appears before judges has come a long way. The U.S. government learns of the existence of Lyon v. Animal House Zoo, and he fears that a Supreme Court decision in favor of Mr. Lyon will limit his own ability to promote his employees at his own discretion. Therefore, the government decided to submit an amicus letter in support of the zoo. The U.S. Attorney General, who is the government`s advocate in Supreme Court cases, files the amicus letter; Your letter is due one week after the zoo briefing is submitted.
The United States is one of a limited number of parties that do not need to seek permission to file an amicus letter. In addition to deciding these cases, each judiciary is responsible for emergency motions and other matters in one or more of the 13 federal districts. As a result, judges are sometimes asked to stop enforcing a district court order, fix the release of an accused on bail, or stop the deportation of an alien. Judges also rule on requests for suspension of execution. The most common – about two-thirds of the total – are applications for review of decisions of federal or district courts of appeal. The vast majority of cases reach the Supreme Court granting requests for orders of certiorari, from the Latin certiorari volumnus, “we want to be informed”. However, the cases that are heard before the Supreme Court leave indelible traces in the history of our country and, in many cases, clarify the rights, privileges and responsibilities of Americans.