How do cases arrive at the supreme court




















Under certain instances, one Justice may grant a stay pending review by the entire Court. Each Justice is permitted to have between three and four law clerks per Court term. These are individuals who, fairly recently, graduated from law school, typically, at the top of their class from the best schools. Often, they have served a year or more as a law clerk for a federal judge. Among other things, they do legal research that assists Justices in deciding what cases to accept; help to prepare questions that the Justice may ask during oral arguments; and assist with the drafting of opinions.

The participating Justices divide their petitions among their law clerks. The law clerks, in turn, read the petitions assigned to them, write a brief memorandum about the case, and make a recommendation as to whether the case should be accepted or not. The Justice provides these memoranda and recommendations to the other Justices at a Justices' Conference.

If the Justices decide to accept a case grant a petition for certiorari , the case is placed on the docket. After the petitioner's brief has been filed, the other party, known as the respondent, is given a certain amount of time to file a respondent's brief. This brief is also not to exceed 50 pages.

After the initial petitions have been filed, the petitioner and respondent are permitted to file briefs of a shorter length that respond to the other party's respective position.

If not directly involved in the case, the U. Government, represented by the Solicitor General, can file a brief on behalf of the government.

With the permission of the Court, groups that do not have a direct stake in the outcome of the case, but are nevertheless interested in it, may file what is known as an amicus curiae Latin for "friend of the court" brief providing their own arguments and recommendations for how the case should be decided. By law, the U. Supreme Court's term begins on the first Monday in October and goes through the Sunday before the first Monday in October of the following year.

The Court hears oral arguments in cases from October through April. From October through December, arguments are heard during the first two weeks of each month. From January through April, arguments are heard on the last two weeks of each month. During each two-week session, oral arguments are heard on Mondays, Tuesdays, and Wednesdays only unless the Court directs otherwise.

Oral arguments are open to the public. Typically, two cases are heard each day, beginning at 10 a. Each case is allotted an hour for arguments. During this time, lawyers for each party have a half hour to make their best legal case to the Justices. Most of this time, however, is spent answering the Justices' questions. Few original jurisdiction cases are filed—usually one to five a term—but sheer bulk makes many of these difficult.

In Arizona sued California over water from the Colorado River. The completed trial record covered more than 26, pages. Briefs and other documents filed by the states took 4, more. Instead, the justices see more value in having the lawyers respond to questions that they may have developed while reading their briefs. Today, the Supreme Court receives from 7, to 8, new petitions for writ of certiorari per year.

By comparison, in , the Court received petitions for only 1, new cases, and even in , only 3, petitions were filed. Actively scan device characteristics for identification. Use precise geolocation data. Select personalised content. Create a personalised content profile. Measure ad performance. Select basic ads. Create a personalised ads profile. Select personalised ads. Apply market research to generate audience insights. Measure content performance. Develop and improve products.

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