What with all the brouhaha about the (moronic) "Obama Citizenship" cases, time for a primer about how the Supreme Court and lawsuits work.
- A federal case begins in a Federal District Court. The trial court hears the case and ultimately makes a final decision on it. Until there is a final decision, you cannot appeal (with very few exceptions). Common final decisions are:
A) A grant of a motion to dismiss, finding that the allegations in the complaint are not enough to state a cause of action. A subset of this is how the "Citizenship" cases were decided--in order to bring a case, you must have "standing"--this means you must show that you, personally, are being or will be harmed. If you lack standing, you can't pursue the case.
B) A grant of summary judgment, finding that after discovery, undisputed evidence shows that a claim is legally barred.
C) A judge or jury decision resolving the case after trial.
D) A grant or denial of preliminary injunctive relief.
If a case settles, there's no appeal (though there can be exceptions in criminal cases, where pleas subject to right to challenge evidentiary rulings sometimes occur).
What's next? After the flip.
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