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29e. Describe how a case is heard and decided by the Supreme Court, incorporating briefs and majority, concurring and dissenting options.
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29e. Describe how a case is heard and decided by the Supreme Court, incorporating briefs and majority, concurring and dissenting options
Once the Supreme Court receives a case it sets a date on which the case will be heard. As a rule the justices preside over a case for two week cycles from October to early May. They hear oral arguments in several cases for two weeks then the justices recess for two weeks to consider those cases and handle other court business.
Briefs are written documents filed with the court before oral arguments begin. These detailed statements support one side of a case presenting arguments built largely on relevant facts and the citation of the previous cases. Many briefs run to 100’s of pages. • Amiscus curiae (friend of the court) briefs are also briefs that are received that are written by persons or groups who are not actual parties to a case but who nonetheless have substantial interest in outcome.
The courts opinion is often called the majority opinion of the court, it announces the courts decision in a case and sets out the reasoning on which it is based. • Often more of the justices who agree with the courts decision may write a concurring opinion in order to add or emphasize a point that was not made in the majority opinion. The concurring opinions may bring the court to modify its present stand in future cases.
The appeals process is the process in which 100’s of cases that are presented to the Supreme Court are filtered through in order that they may be heard by the Supreme Court.