How do cases make it to the supreme court

Where else has the Court met? From February to the present, the Court has met in the city of Washington. After using several temporary locations in the U. Capitol, the Court settled into a courtroom on the ground floor of the North Wing where it met from to excluding the years the courtroom was repaired after the British burned the Capitol in Today this room is known as the Old Supreme Court Chamber.

From to , the Court met in what is known today as the Old Senate Chamber. When did the Supreme Court Building open? The Supreme Court sat for the first time in its own building on October 7, It had opened for visitors during the summer of Charles Evans Hughes was Chief Justice.

Who was the architect of the Supreme Court Building? Cass Gilbert. Toggle navigation. FAQs - General Information. The last Justice to be appointed who did not attend any law school was James F. Byrnes He did not graduate from high school and taught himself law, passing the bar at the age of Robert H. Lower courts are obligated to follow the precedent set by the Supreme Court when rendering decisions.

In almost all instances, the Supreme Court does not hear appeals as a matter of right; instead, parties must petition the Court for a writ of certiorari. It is the Court's custom and practice to "grant cert" if four of the nine Justices decide that they should hear the case. Of the approximately 7, requests for certiorari filed each year, the Court usually grants cert to fewer than These are typically cases that the Court considers sufficiently important to require their review; a common example is the occasion when two or more of the federal courts of appeals have ruled differently on the same question of federal law.

If the Court grants certiorari, Justices accept legal briefs from the parties to the case, as well as from amicus curiae, or "friends of the court. Before issuing a ruling, the Supreme Court usually hears oral arguments, where the various parties to the suit present their arguments and the Justices ask them questions.

If the case involves the federal government, the Solicitor General of the United States presents arguments on behalf of the United States. The Justices then hold private conferences, make their decision, and often after a period of several months issue the Court's opinion, along with any dissenting arguments that may have been written. The Fourth, Fifth, and Sixth Amendments to the Constitution provide additional protections for those accused of a crime. These include:. Criminal proceedings can be conducted under either state or federal law, depending on the nature and extent of the crime.

A criminal legal procedure typically begins with an arrest by a law enforcement officer. If a grand jury chooses to deliver an indictment, the accused will appear before a judge and be formally charged with a crime, at which time he or she may enter a plea. The defendant is given time to review all the evidence in the case and to build a legal argument.

Then, the case is brought to trial and decided by a jury. If the defendant is determined to be not guilty of the crime, the charges are dismissed. Otherwise, the judge determines the sentence, which can include prison time, a fine, or even execution.

Civil cases are similar to criminal ones, but instead of arbitrating between the state and a person or organization, they deal with disputes between individuals or organizations. If a party believes that it has been wronged, it can file suit in civil court to attempt to have that wrong remedied through an order to cease and desist, alter behavior, or award monetary damages. After the suit is filed and evidence is gathered and presented by both sides, a trial proceeds as in a criminal case.

If the parties involved waive their right to a jury trial, the case can be decided by a judge; otherwise, the case is decided and damages awarded by a jury. After a criminal or civil case is tried, it may be appealed to a higher court — a federal court of appeals or state appellate court. Could an election case come to the court from a state supreme court? In fact, this may be the most likely scenario. State supreme courts would be the ultimate decision makers in any vote-counting process scenario within the state.

Imagine a case that challenges the propriety of vote-counting procedures and policies within a state begins to wind its way through state courts. Only in exigent or exceptional circumstances might the Supreme Court decide to review the decision of the state supreme court.

Again, it is worth noting that one way for the Supreme Court to ultimately decide a state voting issue would be not to take the case. The Supreme Court could reject the opportunity to review an ultimate decision of a state supreme court for a variety of reasons. While this is by far the last common way for a case to reach the Supreme Court, there are election-related scenarios that could come into play in the next days and weeks.

The concept of original jurisdiction means that rather than a case coming to the court via other courts state supreme court or federal appellate court the case begins at the Supreme Court. Practically, what are the chances that the Supreme Court would pass up a chance to hear an election-deciding case in ?

Don't fall into a trap here and think that because as of last week we now have a conservative court that this means it is an activist court just waiting to get involved in deciding the election. In fact, the smart money might bet on this Supreme Court doing everything possible not to become embroiled in an election-deciding issue.

Because they may have bigger fish to fry at a date in the not distant future. Just as ultimately making a decision in this election could define this court, the justices may choose to pass on involving themselves in this process to retain their impact and focus on other issues important to the nation, including re-examining landmark cases that have become the law of the land over decades.

Remembering that the Supreme Court is independent and has discretion to decide which cases it will hear, it is possible for it to decline hearing an election-related case.