Each Justice is permitted to have between three and four law clerks per Court term. These are individuals who, fairly recently, graduated from law school, typically, at the top of their class from the best schools.
Often, they have served a year or more as a law clerk for a federal judge. Among other things, they do legal research that assists Justices in deciding what cases to accept; help to prepare questions that the Justice may ask during oral arguments; and assist with the drafting of opinions. The participating Justices divide their petitions among their law clerks. The law clerks, in turn, read the petitions assigned to them, write a brief memorandum about the case, and make a recommendation as to whether the case should be accepted or not.
The Justice provides these memoranda and recommendations to the other Justices at a Justices' Conference. If the Justices decide to accept a case grant a petition for certiorari , the case is placed on the docket. After the petitioner's brief has been filed, the other party, known as the respondent, is given a certain amount of time to file a respondent's brief.
This brief is also not to exceed 50 pages. After the initial petitions have been filed, the petitioner and respondent are permitted to file briefs of a shorter length that respond to the other party's respective position. If not directly involved in the case, the U. Government, represented by the Solicitor General, can file a brief on behalf of the government.
With the permission of the Court, groups that do not have a direct stake in the outcome of the case, but are nevertheless interested in it, may file what is known as an amicus curiae Latin for "friend of the court" brief providing their own arguments and recommendations for how the case should be decided. By law, the U. Supreme Court's term begins on the first Monday in October and goes through the Sunday before the first Monday in October of the following year.
The Court hears oral arguments in cases from October through April. From October through December, arguments are heard during the first two weeks of each month. From January through April, arguments are heard on the last two weeks of each month. During each two-week session, oral arguments are heard on Mondays, Tuesdays, and Wednesdays only unless the Court directs otherwise. Oral arguments are open to the public.
Typically, two cases are heard each day, beginning at 10 a. Each case is allotted an hour for arguments. During this time, lawyers for each party have a half hour to make their best legal case to the Justices. Most of this time, however, is spent answering the Justices' questions. The Justices tend to view oral arguments not as a forum for the lawyers to rehash the merits of the case as found in their briefs, but for answering any questions that the Justices may have developed while reading their briefs.
CPAC posts its schedule at its site. To obtain a copy of a transcript for personal use, contact the Records Centre either by email at records-dossiers scc-csc. Webcasts and audio files of Supreme Court of Canada proceedings may not be broadcast, rebroadcast, transmitted, communicated to the public by telecommunication, or otherwise be made available in whole or in part in any form or by any means, electronic or otherwise, except in accordance with the Copyright Act or with the written authorization of the Court.
Live and archived Webcasts of appeal hearings are available on the Court Website. Their names are:. On appeals, the minimum number of judges is five though more often seven or nine judges hear a case.
At the hearing, counsel may use either "Justice", "Mr. Justice" or "Madam Justice," when addressing the members of the panel hearing the appeal. The Supreme Court of Canada consists of nine judges, including the Chief Justice of Canada, who are appointed by the Governor in Council and all of whom must have been either a judge of a superior court or a member of at least ten years' standing of the bar of a province or territory.
A Judge holds office during good behaviour, until he or she retires or attains the age of 75 years, but is removable for incapacity or misconduct in office before that time by the Governor General on address of the Senate and House of Commons.
Of the nine, the Supreme Court Act requires that three be appointed from Quebec. Traditionally, the Governor in Council has appointed three judges from Ontario, two from the Western provinces or Northern Canada and one from the Atlantic provinces. You must first determine whether your complaint is about a decision of a judge or the conduct of a judge. If it is about the decision of a judge, contact a lawyer, legal aid office or community legal clinic to determine whether or not you might be able to appeal the decision.
A Faculty of Law at a nearby University may also have a program to provide legal assistance. If you have a complaint about the conduct of a Supreme Court of Canada judge, you should write to the Canadian Judicial Council, Suite , Kent Street, Ottawa, Ontario K1A 0W8, fax providing the details of the conduct which is of concern to you.
For additional information visit the Canadian Judicial Council Web site. If the complaint is about the conduct but not a decision of a judge from another court, contact the court staff, where the judge sits, in order to determine whether you should bring your complaint to the Canadian Judicial Council or to provincial or territorial officials. In most cases, appeals are heard by the Court only if leave to appeal is given.
Such leave, or permission, will be given by the Court when a case involves a question of public importance. There are cases, however, where leave is not required. In criminal cases, there is an automatic right of appeal where an acquittal has been set aside in the provincial court of appeal or where one judge in the provincial court of appeal dissents on a question of law.
In addition, the Supreme Court of Canada has a special kind of "Reference" jurisdiction, original in character, given by s. The Governor in Council federal government may refer to the Court, for its opinion, constitutional or other questions. You can access such information at the Resources for Self-Represented Litigants portal.
This portal provides information and instructions on what is expected of you when you want to bring your own application for leave to appeal or when you have been named as a respondent on an application for leave to appeal. Our office is not allowed to provide legal advice. You should contact a lawyer, Legal Aid Office in your area or a community legal clinic for advice.
Although you may represent yourself at the Supreme Court of Canada, we recommend that you retain a lawyer because the procedures are complex. If you are not a lawyer, you may only represent yourself. For documents required at the various stages of an application for leave to appeal or of an appeal, or in respect of a motion to a judge or the Registrar or to the Court, see the time limits for filing documents.
Please send your electronic documents related to an application for leave to appeal, a motion or an appeal to : registry-greffe scc-csc. You may contact the Registry office by phone at or by email at registry-greffe scc-csc. Please provide the Registry Officer with either the names of the parties or the file number from the Court of Appeal.
Decisions on leave applications are rendered on average 3 months after the leave application is filed. Judgments on appeals are rendered on average 6 months after the hearing of the appeal. Jermain Richards, of Bridgeport, was convicted of murder and sentenced to 60 years in prison for the killing of Alyssiah Marie Wiley, a year-old sophomore at Eastern Connecticut State University.
She was denied each time and several weeks later, in late April, the year-old clothing store manager was found beaten, strangled, stabbed and burned to death. Supreme Court reverse its ruling that some tribal reservations were never disestablished. AP — Oklahoma administered the death penalty Thursday on a man who convulsed and vomited as he was executed for the slaying of a prison cafeteria worker, ending a six-year execution moratorium brought on by concerns over its execution methods,.
HOUSTON AP — The unresolved legal debate over whether spiritual advisers can touch inmates and pray aloud as condemned individuals are being put to death has delayed the final two executions scheduled this year in Texas. AP — The Mississippi attorney general can take over a case when a local prosecutor steps away, but the takeover must be voluntary and a judge cannot set deadlines for the work. AP — New Jersey voters have already begun casting mail-in ballots and on Saturday began heading to the polls for early in-person voting for the first time ever.
But in an unusual move the justices said they want to hear arguments in the case at the soonest opportunity. Supreme Court ruling that said the state has no jurisdiction over crimes committed on tribal reservations by or against tribal citizens. AP — An Alabama man who avoided execution in February was put to death Thursday for the killing of a woman who was abducted during a robbery and then shot in a cemetery.
The Supreme Court normally hears oral arguments between October and April, scheduling them into monthly two-week sittings during which the court hears two although sometimes one or three arguments per day on Monday, Tuesday, and Wednesday.
Generally, the court allots one hour of argument time for each case, with each party speaking for thirty minutes. However, in Lyon v.
Because the Solicitor General will be arguing for the United States in support of the respondent, she or another lawyer from her office will be using ten minutes of the half hour allotted to the zoo.
During the oral argument, the justices have the opportunity to ask the attorneys to clarify or elaborate on any questions that have arisen from the briefs. Frequently, much of the oral argument is devoted to answering these questions.
Because Mr. Lyon is the petitioner, his attorney argues first. As soon as he finishes speaking, the attorney for the zoo has 20 minutes to respond. Later that week, the justices hold a private conference during which they vote on how to decide the case. The senior justice in the majority that is, either the chief justice or, if he is not in the majority, the justice who has been on the court the longest decides who will write the majority opinion ; if there is a dissent — a view held by a minority of justices that a different decision should have been reached — then the senior dissenting justice assigns one of the dissenting justices to write the dissenting opinion.
If a justice agrees with the outcome of a case but not the reasoning behind it, he or she may write a concurring opinion , in which other justices may join. Justices may also write separate dissents. In the event of a tie vote — for example, if there is a vacancy on the court or if one of the justices has recused himself or herself from the case — the decision of the lower court remains undisturbed.
The assigned justices then draft and circulate opinions outlining their reasoning in reaching their decision. Typically, all cases are decided by the time the court recesses for the summer at the end of June or the beginning of July. The court announces its decision in Lyon v. Animal House Zoo in open court. Lyon instead. Supreme Court Procedure. Lower Courts Mr. Petition for Certiorari From the day the 2nd Circuit denies his petition for rehearing en banc, Mr.
Merits Stage Once the court has accepted the case, the parties are required to file a new set of briefs. Oral Argument The Supreme Court normally hears oral arguments between October and April, scheduling them into monthly two-week sittings during which the court hears two although sometimes one or three arguments per day on Monday, Tuesday, and Wednesday.
Decision Later that week, the justices hold a private conference during which they vote on how to decide the case. This website may use cookies to improve your experience. We'll assume you're ok with this, but you can leave if you wish.
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