Is there a Lawyer in the house?

[Cleo]

What type of cases would the Supreme court hear? Would it include all types that have made their way through the lower circut?
Cleo

[kelwynnda]

It's been a while since I've done any Constitutional law, but here's a rough explanation.

The Supreme Court hears only cases which involve a FEDERAL QUESTION (usually a question of interpretation of federal law or interpretation of the Constitution)-- and usually only then when the highest courts of the states have disagreed on interpretation of the same law or provision and the Court wants to bring some uniformity to the country's understanding of the law. The Supreme Court can also hear case involving a challenge to a state constitution.

The other route into the Supreme Court is you have a lawsuit by citizens of two different states, which involves a certain minimum amount of dollars (I think its $25,000 now, but don't quote me) and which has made its way through lower federal courts. BUT, you should know that the Supreme Court REJECTS 99% of the cases like this presented to it for hearing. That's because these cases are usually boil down to $$$- not about the "higher questions of law" that are reserved for this lofty court. The court has intervened in a few cases involving punitive damage assessments (how much money is EXCESSIVE in a lawsuit)-- but even then, the appeal is based on "due process" (a Constitutional guarantee to all citizens).

Get it?

If you need a character to get a case into the Supreme Court, you need probably need a constitutional provision or federal statute as the basis of the law suit. Look at the current headlines over "raced based admissions" (what used to be called Affirmative Action) at the University of Michigan. Candidates who didn't get in sued the school challenging the policy (which is based on state and federal statutes and cases trying to redress segregation). That's a case the Supreme Court can hear... and will hear, to attempt to clarify how all university's should handle this problem.

This is a real simplistic outline, and I've probably left out half dozen possibilities (hey, I haven't really given Con Law much thought since 1987 when I HAD to learn it and take an exam) but there are a number of good civics books at your local library that can elaborate.

Bottom line is this. That old cliche "I'll sue you all the way to the Supreme Court" is pretty much bullshit. You can try... but for most cases, all you're gonna get is a "certiorari denied" notice (e.g. "NO.")

Good luck,

Karyn

[Cleo]

Thanks for the lesson! What about State Supreme Courts? Do they work the same way?

[kelwynnda]

Cleo,

Depends on the state-- it's Constitution will lay out the jurisdiction (the kind of cases the court can hear) of each level of its courts. Most state supreme courts will hear far more cases than the US Supreme Ct. You've got a better chance of a character taking a case to his state supreme court-- and getting heard-- than the US Supremes.

Still, these are "courts of last resort" as they are often called. They take that name seriously and they will be selective about the cases they take. A case that involves the interpretation of state law or state constitution-- or that offers a chance to reconsider how the law has been interpreted in the past-- those are the cases a court of last resort will accept.

And there's no "trial" there-- just lawyers making arguments about what the right legal interpretation should be. Once the court decides, the case might be "remanded"-- reconsidered-- by a trial court all over again.

More than you want to know, I'm betting!

Good luck.

k.

[Cleo]

Karyn,

Thanks for the advice. I'll admit, I'm still confused so I'm off to the NY Public Library. I'll get lost in the info and either give up or change the story a bit. :lol
Much thanks!

Cleo