PL SC 001 Lecture Notes - Lecture 2: Amicus Curiae, Certiorari, Legal Doctrine

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22 Apr 2016
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Federal judiciary (day 2: supreme court process. Appeals made concerning the manner in which the trial was conducted or the law was applied. Writ of certiorari = documents litigants must file requesting the court to order a lower court to send the records of the trial in question up for consideration. Four justices must agree to take a case. Amicus curiae = brief arguing that certiorari should be granted or denied or how the case should be decided. Each side generally allotted 30 minutes and judges ask question. Conference vote determines assignment of majority and minority opinions. Conference vote is not final justices may switch sides until the ruling is issued. Majority = legal rational for the majority of the court (establishes doctrine) Concurring = justices who agrees with the majority, but for different reasons. Dissenting = justice who dissents from the majority and wishes to explain why. Vote = decides the case in favor of one of the parties.

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