SCOTUS

  • Writ of certiorari- 

An order by an appellate court to the lower court that first heard the case to send all records of the original trial. It signals that the appellate court will hear the course. The supreme court uses the Rule of Four to grant cert, and it is part of the process that every case appealed to the supreme court will go through before being heard by SCOTUS. 


  • Shadow/Emergency Docket

The shadow docket is when SCOTUS takes an “emergency” case that is appealed by a party or person of political significance. The shadow docket, unlike other cases, doesn’t have to undergo a lengthy process to be reviewed. However, cases SCOTUS reviews under the Shadow Docket often have no oral argument or public explanation of the Justices’ decisions. 


  • Circuit Court

Circuit Courts are where jury trials are held. Circuit Courts generally handle more serious criminal cases and major civil cases. These include juvenile and other family law cases such as divorce, custody and child support. The Circuit Courts hear most cases appealed from the District Court, orphans’ courts and some administrative agencies. Circuit Courts also hear domestic violence cases. Cases may be decided by juries, but also may be decided by a judge only. Circuit Courts serve as trial courts for most criminal cases, for suits between citizens of different states, and for civil suits initiated by the U.S



  • Rule of Four

The Rule of Four is the basis that if four justices vote in conference to grant certiorari in a case, then it will be placed on the Court’s docket. The case will be briefed, and oral arguments will be scheduled. 

  • Solicitor General 

The Solicitor General is one individual who represents the U.S government in court, especially in cases heard by the Supreme Court. The Solicitor General often argues these cases on behalf of the federal government. They also are responsible for determining the positions the government will take before the court. 


  • Merits Docket

The Merits Docket is the list of the cases resolved by the U.S. Supreme Court in a recorded vote after full briefing and oral arguments, and with written opinions signed by individual justices.



  • Judiciary Act of 1925

The Judiciary Act of 1925, also known as the Judge's Bill or Certiorari Act, was an act of the United States Congress that sought to reduce the workload of the Supreme Court of the United States by allowing Justices to choose which cases to hear. 


  • Discuss List

If a Justice decides to talk about a particular case in conference, it is put on the discuss list. If no Justices choose to discuss the case, it is put on the dead list. Cases on the dead list are automatically denied certiorari.



  • Rule of Lenity 

The rule of lenity, also called the rule of strict construction, is a principle in criminal law that requires a court to interpret an ambiguous or unclear criminal statute in the way that is most favorable to the defendant.


  • Amicus Curiae Briefs 

An amicus curiae brief, meaning "friend of the court," is a legal document filed by a person or organization not directly involved in a case but with a vested interest in its outcome or the legal issue at hand. These briefs provide the court with diverse perspectives, specialized knowledge, data, or legal arguments to help guide the decision-making process, often highlighting the broader implications of a ruling beyond just the parties in the dispute.


  • Majority Opinion 

The Majority Opinion in a SCOTUS case is a written judgement explaining the conclusion that the majority of the nine justices came to an  agreement on. 

  • Oral Arguments

The Court holds oral arguments in about 70-80 cases each year. The arguments are an opportunity for the Justices to ask questions directly of the attorneys representing the parties to the case, and for the attorneys to highlight arguments that they view as particularly important.


  • Three ranges of cases that SCOTUS typically agrees to review 

  1. Constitutionality of a ruling

  2. Constitutionality of statues

  3. Administrative cases/conflicts 


  • Reasons to grant certiorari

Circuit conflict/split, Importance, Federal Government Involvement, and Egregious Legal Errors


  • Reasons to deny certiorari

Supreme court lacks authority, absurd claims, lack of percolation, pipeline considerations, and error correction


  • Number of cases to which SCOTUS typically grants certiorari

Approximately 80 cases per year


  • Number of justices on the Supreme Court

9- Justice Roberts, Justice Thomas, Justice Alito, Justice Sotomayor, Justice Kagan, Justice Gorsuch, Justice Kavanaugh, Justice Coney Barrett, Justice Jackson

 

  • Textualism

A way a justice approaches a case- using ordinary meaning of the TEXT, aka what the words deliberately say, not considering historical context or original intent. Analyzes text.


  • Five tools of Statutory Interpretation

  1. Ordinary Meaning

  2. Broader statutory context

  3. Canons of construction

  4. Legislative history

  5. Implementation (past and future)




  • Dissenting Opinion 

A dissenting opinion is an opinion in a legal case in certain legal systems written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment.


  • Purposivism

Another theory of statutory interpretation- relies on ordinary meaning, historical context, interpretations that advance the statute's purpose.

 

  • Role of the Chief Justice

The role of a Chief Justice includes judicial functions like presiding over the Supreme Court, managing its administrative duties, and appointing the writer of a majority opinion. They also act as the spokesperson for the federal judiciary, serve as the chair of the Judicial Conference of the United States, and have statutory responsibilities such as designating judges for specific courts and overseeing the Federal Judicial Center.