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Supreme Court Sides with Walmart

In: Business and Management

Submitted By mbadarling
Words 716
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Video Case Study:
Court Systems and Jurisdiction—Supreme Court Sides with Walmart

1. This story is about the Supreme Court’s decision. What process did this case have to go through to get to the Supreme Court?

The U.S. Constitution establishes the Supreme Court, which is authorized by it to hear original and appellate cases. Original cases are heard only by and are sent directly to the Supreme Court. Appellate cases are those cases which were heard by a lower court, decided on by the lower court, but an appeal was requested so the Supreme Court could hear it. That request is a writ of certiorari. The Supreme Court orders the lower court to send the case files for review. The Supreme Court usually does not hear appellate cases unless it might impact the nation, a major class of Citizen or State law (US Courts, n.d.). This Wal-Mart case falls within the Appellate jurisdiction.

2. In the story, two justices wrote differing opinions about the issue. Discuss the differences between a majority opinion, a concurring opinion, and a dissenting opinion. What effect does each type of opinion have on the state of the law in America?

The majority opinion is the official ruling of the case where more than half of the Justices agree on the decision and explain the legal basis used to come to that decision. A concurring opinion is when one or more of the majority Justices agree with the ruling but used a different legal rationale to come to their ruling decision. A dissenting opinion is from the minority Justices who disagree with the official ruling from and the legal rationale used by the majority Justices (American Bar, 2012). Each type of opinion has an effect on the state of law in the U.S., most specifically the majority opinion. For example, this Wal-Mart case was dismissed because there was no policy that allowed for discrimination to take place for all…...

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