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Apply some of the concepts related to jurisdiction and the legal process to a case that recently was argued before the U.S. Supreme Court.

by | Jan 8, 2022 | Uncategorized

 

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In this activity, you will apply some of the concepts related to jurisdiction and the legal process to a case that recently was argued before the U.S. Supreme Court.
Instructions:
Skim the Petition for Writ of Certiorari Download Petition for Writ of Certiorariin the New York State Rifle & Pistol Association case.
This is a longer document; focus mostly the initial material up until page 8. You are not responsible for understanding the details of the legal arguments made in the petition, which begin on page 8 with “Reasons for Granting the Petition.” However, you should skim the entire document.
Type the answers to the below questions in a .doc or .docx file. Make sure to answer the questions in your own words; do not include any quotations from the petition or elsewhere, and do not borrow anyone else’s words. Do not include the questions in your answer file.
What is a Petition for Writ of Certiorari?

Who submitted the Petition for Writ of Cert? Give the name and the role of the parties.
What is the factual background of the case? Provide a brief summary of the facts leading up to the lawsuit.
What is the procedural history of the case (e.g. in what court was the case originally filed; in what year; what court(s) have heard the case since then and in what year(s); what were the rulings in the lower court cases; who filed the appeals)?
What is meant by a circuit split in the context of this petition?
What is the main issue in the New York State Rifle & Pistol Association case?
On what grounds does the US Supreme Court have subject-matter jurisdiction in this case? Explain.
Hint: This Court has jurisdiction under 28 U.S.C. §1254(1) is not an acceptable answer. Use the Module 1 material on subject-matter jurisdiction to answer the question.
Is the US Supreme Court’s subject matter jurisdiction exclusive or concurrent? Explain.
Does the US Supreme Court have original or appellate jurisdiction in the case? Explain.
Upload your answers here (click to access submission link).
Only the first document you upload will be graded, so please review your submission carefully before uploading.
After the due date, come back to the New York State Rifle & Pistol Association module and review the answers here Download here.
There is no need to consult outside sources as you can answer all of these questions by reading the textbook and the Petition for Writ of Certiorari. However, if you want to, you can conduct outside research. If you do consult outside sources for any reason, you must cite your sources and be sure to write everything in your own words (e.g. do not quote or copy from outside sources).
Reminder: Try to answer the questions to the best of your ability, but I do not expect that you will have all of the answers 100% (and you don’t need to in order to receive full credit). It is better to have incorrect answers than copied or plagiarized answers.

 

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