Supreme Court Case
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?
Before cases reach the state of transitioning into a lawsuit, a dispute most likely has transpired between parties that had some sort of business or contractual relationship. In this case, Betty Dukes was an employee of Wal-Mart, Inc. who complained about the disparities she encountered as a female employee opposed to the male co-workers. Usually, lawsuits can be avoided in the pre-litigation stage if all parties agree to some sort of settlement whether it is a monetary remedy or in the form of an injunction. Otherwise, litigation proceedings may take place if the complainant is adamant about pursuing a remedy …show more content…
Wal-Mart’s petition met some of the standards to be heard in the United States Supreme court since their case presented substantial questions that had not been previously addressed by their court; the federal class action and due process laws were in violation of the prior case precedents; and there was an immediate need for a resolution due to the conflicting decisions made in the Ninth Circuit Court of Appeals (Kubasek, Brennan, & Browne, 2015)..
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 …show more content…
Majority opinions are decided by more than half the justices and are used to set case precedent. Dissenting opinions disagree with the majority of decisions made by the court and do not set case precedent. However, this type of opinion may be cited in an attempt to overturn laws. Concurring opinions happen when one or more judges agree with the majority of the other judges for varying reasons. These types of decisions cannot be cited; nor do they establish case precedent. The Supreme Court’s decision in this case has set case precedent on how employee discrimination lawsuits are initiated and further outlined the requirements of having substantial evidence instead of circumstantial statistical evidence for employment
Before cases reach the state of transitioning into a lawsuit, a dispute most likely has transpired between parties that had some sort of business or contractual relationship. In this case, Betty Dukes was an employee of Wal-Mart, Inc. who complained about the disparities she encountered as a female employee opposed to the male co-workers. Usually, lawsuits can be avoided in the pre-litigation stage if all parties agree to some sort of settlement whether it is a monetary remedy or in the form of an injunction. Otherwise, litigation proceedings may take place if the complainant is adamant about pursuing a remedy …show more content…
Wal-Mart’s petition met some of the standards to be heard in the United States Supreme court since their case presented substantial questions that had not been previously addressed by their court; the federal class action and due process laws were in violation of the prior case precedents; and there was an immediate need for a resolution due to the conflicting decisions made in the Ninth Circuit Court of Appeals (Kubasek, Brennan, & Browne, 2015)..
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 …show more content…
Majority opinions are decided by more than half the justices and are used to set case precedent. Dissenting opinions disagree with the majority of decisions made by the court and do not set case precedent. However, this type of opinion may be cited in an attempt to overturn laws. Concurring opinions happen when one or more judges agree with the majority of the other judges for varying reasons. These types of decisions cannot be cited; nor do they establish case precedent. The Supreme Court’s decision in this case has set case precedent on how employee discrimination lawsuits are initiated and further outlined the requirements of having substantial evidence instead of circumstantial statistical evidence for employment