Week 1: Assignment
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?
a. The Supreme Court concluded that there was no fixed policy that described some kind of discrimination against woman. The judge also pointed out that the plaintiff did not have a strong proof or standing of what they proposed to be employee discrimination.
2. In the story, two justices wrote differing opinions about the issue. Discuss the differences between a majority opinion, a ...view middle of the document...
Concurring opinion: In a particular case, when one of the judges agree with the decision taken by the majority, but due to varied reasons, they shall write a concurring opinion. In a way it is a clarification of how the judgement was obtained.
Dissenting opinion: When one or many judges disagree with the majority opinion they shall write a dissenting opinion, also stating the reasons of doing so.
Attorneys arguing about law change can also cite these opinions in briefs. An appellate judge wanting to change the law shall also cite thee dissents.
In most of the cases, just a single appeal is accepted. There are both, a superior court and an intermediate court of appeals in some states. Therefore, an unsatisfied opponent can file to the Supreme Court from the intermediate appellate court. In rare cases, the unsatisfied opponent is able to file to the U.S Supreme Court from the state Supreme Court.
3. What type of jurisdiction did the federal courts have in this case? Was it a federal question case or a diversity of citizenship case? Why?
This case is a diversity of citizenship case, as one million women from the whole country had filed the case against Walmart, this case was one of a kind in the American history.