RSS Feed (xml)If you order your essay from our custom writing service you will receive a perfectly written assignment on Supreme Court Legal Process. What we need from you is to provide us with your detailed paper instructions for our experienced writers to follow all of your specific writing requirements. Specify your order details, state the exact number of pages required and our custom writing professionals will deliver the best quality Supreme Court Legal Process paper right on time. Out staff of freelance writers includes over 120 experts proficient in Supreme Court Legal Process, therefore you can rest assured that your assignment will be handled by only top rated specialists. Order your Supreme Court Legal Process paper at affordable prices! The California Supreme Court consists of the Chief Justice and six associate justices. The Chief Justice may assign justices of lower courts as pro tempore justices to assist the court when a regular justice is absent or disqualified in a particular case. The Chief Justice also designates an associate justice to serve as Acting Chief Justice in instances of absence, disqualification, or recusal.
The work of the Supreme Court consists primarily of determining what cases the court will review and deciding those cases by written opinions after holding oral argument. Appeals in all death penalty cases are automatically taken to the Supreme Court. Other cases normally come before the court either in the form of petitions for review of decisions by the Courts of Appeal or as petitions for extraordinary writs of mandate, prohibition, certiorari, or habeas corpus. In these cases, the court must decide whether to accept the matter for decision.
DISCRETIONARY DECISION WHETHER TO ACCEPT A CASE
Like the United States Supreme Court, the California Supreme Court has discretionary jurisdiction over many of the matters presented to it. Thus, with the exception of a relatively small number of appeals that come to the court directly, it has discretion to decide whether or not it will accept any particular case for review and decision on the merits. When a petition for such discretionary review is filed with the court, it is scheduled for one of the courts weekly Wednesday conferences, at which time the court will decide whether to accept the case. At the time the conference date is selected, the matter is assigned by the Calendar Coordinator on a rotational basis to one of the central staffs. Overflow petitions are assigned to one of the justices for preparation of a conference memorandum. The conference memorandum summarizes the relevant procedural or evidentiary facts of the case, any pertinent rulings in the matter by inferior courts or administrative agencies, and the issues raised by the parties. The conference memorandum also contains a discussion of the merits of the issues and a recommendation as to whether the court should accept the case. The justices use the memoranda to assist them in assessing the merits of the cases and the importance of the issues involved. If a justice desires, he or she may request that a matter be continued to a later conference in order to circulate a supplemental conference memorandum advancing an analysis or recommendation different from that of the original conference memorandum. For a petition for review to be granted or an order to show cause to be issued in an original proceeding, at least four justices must concur.Many of the cases accepted by the court at its weekly conferences will be argued orally before the full court and will be decided by a full written opinion. There are, however, exceptions. For example, many cases that appear on conference raise an issue that is already before the court in another case. In that event, the court may decide to grant and hold the new case until its opinion in the lead case is filed. When the lead opinion becomes final, cases that have been held for that opinion usually are transferred to the Court of Appeal for reconsideration in light of the lead opinion, or review may be dismissed as improvidently granted if it appears that the decision of the lower court was consistent with the opinion. In other instances, the court may transfer a case to a Court of
Appeal for further consideration in light of a case decided after the Court of Appeals decision, or the court may deem it appropriate to make an order to show cause returnable before a lower court.
AFTER A CASE HAS BEEN ACCEPTED
After a case has been accepted for review the Chief Justice assigns it to one of the seven justices who voted to grant review for preparation of a calendar memorandum. The justice to whom a case has been assigned prepares and circulates a calendar memorandum setting out the facts and legal issues, and proposing resolution of those issues. Soon thereafter, each justice states his or her preliminary response to the calendar memorandum, and indicates whether he or she will request changes, or will concur or dissent. Changes may be made by the author of the original calendar memorandum and, if appropriate, tentative concurring and dissenting memoranda may be circulated. When at least a majority of the justices have tentatively concurred in a proposed disposition, the Chief Justice places the case on a pre-argument conference. If a majority of the justices indicate they will tentatively dissent from the original calendar memorandum, and unless the original author agrees to change his or her view to accommodate the majority, the Chief Justice reassigns the matter to one of the dissenting justices, or resets the matter for further discussion. Thereafter, when a majority of the justices indicate they tentatively concur in the calendar memorandum, the Chief Justice sets the matter for oral argument.
AFTER ORAL ARGUMENT THE ASSIGNMENT, PREPARATION, AND CIRCULATION OF PROPOSED OPINIONS
A conference is held on each case as soon as possible after oral argument. After this conference the justices take a tentative vote on the case. If the recommendations of the justice who prepared the calendar memorandum are tentatively favored by a majority of the court, then that justice usually will retain the case for the drafting of a proposed majority opinion. As soon as possible after the matter is submitted to the court, the assigned justice circulates a proposed majority opinion. Justices who deem it appropriate to write and circulate dissenting or concurring opinions are afforded time in which to do so, and the author of the proposed majority opinion in turn is given an opportunity to respond to any such opinion.
THE FINAL STEP FILING THE COURTS DECISION
When the deliberation and drafting process has been completed and all justices have subscribed to the majority or concurring or dissenting opinions, a Notice of Forthcoming Filing is posted in the Clerks Office. A decision does not become final until 0 days after it has been filed. The parties may petition for a rehearing during the first 15 days after the filing date. The court may extend the 0-day period by as much as 60 additional days in order to consider whether to grant a petition for rehearing or in order to modify its decision on its own motion.
Works Cited
U.S. Court System http//www.uscourts.gov
Supreme Court of United States http//www.supremecourtus.gov/
California Court info
http//www.courtinfo.ca.gov/courts/supreme/documents/supreme00-1.pdf
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