04-08-2019, 10:05 AM
Understanding the Supreme Court of Justice
Lawyers and judges use a great deal of words that even most political junkies don't use or don't exactly understand.
This is a basic introduction to the terms that might come up in the Supreme Court of Justice of Alduria.
Types of Action
Lawyers either file these petitions or make these motions in their interactions with the Court:Quote:Quote:
- Petition for Interpretation: This petition asks the Court to interpret some aspect of the Constitution or rules of Parliament, which can hold legal force at a future date. Interpretations do not have any immediate binding effect. For example, if two or more people disagree on what a specific rule means, then any Aldurian citizen, except members of the Court, can submit a petition and receive an answer on how the Court reads the rules. (individual justice, brief optional, amicus at court's discretion, can be appealed.)
- Petition for Injunction: This is a court order that prevents a party from doing a certain act (or acts). Preliminary injunctions often precede the hearing of these cases, in order to prevent the party from doing the act while the case is being heard. Emergency (or temporary) injunctions are used when the act in question is occurring currently or shortly. For example, the Speaker of the Parliament calls a vote on a critical issue but one person takes objection to the way the vote was called and asks the Court for an injunction. Until the issue is decided, the Court would likely issue a preliminary injunction to prevent the Speaker from finishing the vote while the Court works. (individual justice, brief mandatory, amicus at court's discretion, can be appealed)
- Petition for Writ of Mandate (Mandamus): This is a court order that commands some party to do an act he or she is not currently doing. Mandamus applies when the law provides no specific remedy but the principles of law call for some remedy. For example, the Speaker is holding onto bills he or she disagrees with but sending others to Parliament, and so after receiving a petition, the Court can decide to use mandamus and order the Speaker to send the bills. (individual justice, brief mandatory, amicus at court's discretion, can be appealed)
- Petition for Writ of Cert. (Certiorari): This is a petition for the Court to hear an appeal of a case from a lower court, one of the most famous jobs of the Court. The petitioner is always the one who lost the previous ruling. A good petition includes a list of the involved parties (and counsel), a statement of facts, the legal question(s) presented for review, and why the Court should hear the case. Somebody who lost a case heard by a single Justice could use cert. to appeal to the full bench. Alternatively, Petitioners can make up fictional (but believable) cases on real issues and appeal to the Supreme Court. For example, if somebody wants to make a case about affirmative action and submits a petition giving a brief fictional situation and a loss in lower court, then gives it to the Court. If it accepts the case, the Court can decide the constitutionality and legality of affirmative action, even though the situation was fiction. (full bench, brief mandatory, amicus at court's discretion, cannot be appealed)
- Petition for Arbitration: When two members have a dispute that cannot be resolved through any other petition, this petition allows them to ask the Court for arbitration. The petition must include the parties, the facts and the relief sought. (individual justice, brief mandatory, amicus at court's discretion, can be appealed)
- Motion to Dismiss: When a brief fails to make a complete or effective case, doesn't meet legal requirements, or the facts and circumstances of the case have changed, the Respondent can move (make a motion) to dismiss. The Petitioner can simply withdraw most cases. For example, if Petitioner does not submit a brief by the Court's deadline, then Respondent can move (make a motion) to dismiss the case entirely.
- Motion for Joinder: When a Petitioner or Respondent is added to an existing case, joinder comes into play. Parties may be added as Petitioners or Respondent through joinder, often intentionally, when it can be reasonably shown they have a personal stake in the case.
- Motion to Consolidate: When separate, existing cases are joined together. Often this is also called joinder, but this motion has been added to reduce confusion. Similar cases can be linked through consolidation if they cover very similar issues of law and have the same Petitioner(s) or the same Respondent(s).
- Motion for Reconsideration and Stay: This motion asks the Court or Justice to overrule a prior holding from itself (or himself or herself). It must describe the facts of the situation, explain the judicial relief sought, and it includes the mistakes in judicial conduct, fact, law or judgment that justify the motion. This is rarely used unless there was a factual error or obvious legal mistake in the decision.
- Motion for Recusal: When Counsel has an ethical or constitutional conflict with taking a case, especially when it would injure his or her client, recusal allows Counsel to withdraw. The Court, in accepting this motion, would then find new representation for the former client, if needed.
General Terms
Quote:Petitioner: The party bringing a case or suit to Court. This is the party listed first in the court documents and the name of the trial. For example: Petitioner v. Jones. In criminal trials, this is the Plaintiff.
Respondent: The party being brought to Court by Petitioner. This is the party listed second in the court documents and the name of the trial. For example: Smith v. Respondent. In criminal trials, this is the Defendant.
Party: In court language, this refers to a person or a group involved in a case. It does not mean just a political party, although a political party can be a party in court cases. A party could be one person or many people.
Counsel: This means a lawyer, who is representing a party in some legal action.
Brief: The written document used by Petitioner, Respondent and others to persuade the Court of a specific legal or constitutional point of view. It contains facts of a case and the laws that apply, then argues for a specific interpretation or ruling by the Court. Briefs only come after submitting a petition and after the Court has called for briefs. They must meet specific deadlines set by the Court.
Amicus (Curiae) Brief: Also called "friend of the court". Whenever a party besides the Petitioner or Respondent seeks to argue a case, that is said to be an amicus brief. Amicus briefs must be allowed by the Court and must obey deadlines. They do not have to argue the same points of law as the party they side with, nor do they need permission from Petitioner or Respondent to make any argument.
Oral Arguments: When the Court calls for argumentation beyond the briefs and asks the parties to engage in a give and take discussion. The parties offer opening statements, then the Justices ask questions and the parties give closing statements. Many cases never have oral arguments.
Ex Parte: Whenever a judge meets with only one party or one side of a case or makes a ruling based on speaking only with one side, that is said to be ex parte. Most ex parte meetings and rulings are strictly prohibited for obvious reasons of fairness. Emergency and preliminary injunctions can be issued ex parte, only hearing from one side, and interpretations can be done from start to finish with only one person addressing the Court.
Appeal: When a party loses in court he or she can appeal the issue to a higher court. A petition for a writ of cert. is the most common method of appealing to the Supreme Court.
Dismissal With Prejudice: This is when a case is thrown out, often due to lack of briefs or involvement from the Petitioner, who is not allowed to try again and bring up a new suit on the same claim.
Dismissal Without Prejudice: This is when a case is thrown out, but the Petitioner is allowed to try again and bring a new suit at a later date on the same claim.
En Banc: When the entirety of the Court hears a case instead of a single Justice or merely some of the Justices, it is said to be hearing the case en banc. Major issues, such as any case petitioned through cert., and appeals would be heard en banc.
Et. Al.:This notation means there are more people involved in a particular situation or case but listing them all would be too lengthy. Instead, it's shortened and et al replaces their names.
Affidavit: A sworn statements of facts presented to the Court in relation to a case. The party providing the information in an affidavit swears under oath that the information is true as far as he or she knows. Lying in affidavit is illegal and you must be sworn in by a notary or a court official.