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The United States Supreme Court
The Judicial Branch of the United States Federal Government is composed of the Supreme Court and lesser courts created by the United States Congress.
A Court of LawIn any civil dispute, whether it is between two private parties, a private party and the
government, or between state, or local governments and the United States government they will most likely come before a court of law.
A Court Hearing Each side is allowed to present their
position before the court. The court applies the facts
presented to standing laws and decides which side the law favors.
Types of Trials In some cases witnesses are
summoned to present evidence. Sometimes a jury of peers sends
down the verdict and a judge will sentence the guilty party.
In other trials a judge will decide guilt and innocence and sentence the guilty party.
Your Rights Under the Constitution
Every person accused of a crime has the right to a public trial and a lawyer
If you cannot afford a lawyer one is provided to you
Everyone is considered innocent until proven guilty
If you believe that the court has made a mistake in your trial, you have the right to appeal your case, or appeal for a review of your case
The Federal Court System
Article III of the U.S. Constitution created the Supreme Court and provided the U.S.
Congress the power to create lower federal courts
The Judiciary Act of 1789Congress established district courts and
circuit courts of appeals
1891Congress created a system of federal Courts
of Appeal which created the system we know today.The three levels of the Federal
Court System exist beside 50 separate court systems whose
authority is provided them through state constitutions.
Cases Involving the Constitution
Cases Involving Violations of Federal Laws
Controversies Between States
Disputes Between Parties in Two Separate State
If a person feels that their constitutional rights have been broken they have a right to have the case heard in a federal court
If a person is accused of a federal crime, such as kidnapping, counterfeiting, tax evasion, or murder, it will be heard in a federal court.
Arguments between states, such as over borders or water rights, are heard in federal courts.
If a person from one state would like to bring a lawsuit against a person from another state it will be heard in a federal court.
Suits Involving the Federal Government
Cases Involving Foreign
Governments and Treaties
Cases Based on Admiralty and Maritime Laws
Cases Involving U.S. Diplomats
If the federal government is suing someone, or if you are suing the federal government, it will be heard in a federal court
Lawsuits involving the federal government and a foreign government, or lawsuits involving U.S. citizens and foreign parties are heard in federal courts
Any lawsuits involving the high seas are heard in federal courts
Any cases involving U.S. diplomats.
Federal Cases
JurisdictionA courts authority to hear a case
Original Jurisdiction
A court’s authority to hear cases for the first time
Appellate Jurisdiction
The authority of a court to hear a case which has been
APPEALLED from a lower court.
Appointment of Supreme Court JusticesThe U.S. Constitution allows the president to appoint Supreme Court Justices with the approval
of the United States Senate, and although there are no official qualifications, acting presidents usually try and appoint justices who share their political ideology and beliefs.
Senatorial CourtesyIf both senators from the candidates home state oppose the nomination, a president will usually
withdraw the nomination.
Back row (left to right): Sonia Sotomayor, Stephen G. Breyer, Samuel A. Alito, and Elena Kagan. Front row (left to right): Clarence Thomas, Antonin Scalia, Chief Justice John G. Roberts,
Anthony Kennedy, and Ruth Bader Ginsburg
Life AppointmentsSupreme court justices are afforded lifetime appointments in the hopes that they will focus on
making decision based upon law and not on winning elections.
JUDICIAL REVIEW INTERPRETING THE LAWThe Supreme Court has the authority to judge whether the laws and actions of the government are allowed by the U.S. Constitution.
The Supreme Court has the authority to interpret laws written by the government to show the way in which they should be applied in the real world.
Powers of the Supreme Court
Marbury v. Madison The Constitution is the supreme
law of the land The Constitution supersedes any
other law The Judicial Branch must uphold
the Constitution and therefore must be able to rule that a law is unconstitutional and therefore they have the right to nullify laws which are unconstitutional.
The President Congress State Governments
Legal Disputes
The Supreme Court is not only nominated by the president but must also rely on him/her to enforce rulings
Senate must approve nominations and can pass laws to replace nullified laws or pass amendments to overturn rulings
State officials must enforce rulings and can also pass amendments to challenge the court rulings
Any trial heard by the Supreme Court must be brought to them through legal disputes by citizens and governments.
Written Arguments
Oral Arguments
Conference Opinion Writing
Announcement
Each side is expected to write and submit a brief explaining their position
Lawyers from each side present oral arguments for 30 minutes and then answer questions
The Chief Justice presides over a secret meeting of Supreme Court Justices with 5 in favor deciding the case
One justice writes the majority opinion, and another a dissenting. Possibly a concurring also
Printed copies are submitted to the public
The Law Social Conditions Legal Views Personal BeliefsJustices are supposed to place the language of the law and previous precedent to decide the case to keep the law predictable
A change in social conditions and changing social views can influence their decision
Some justices will seek to use the bench to change laws and policy while others are against such “legislating from the bench.”
A justices personal beliefs will undoubtedly affect the final outcome of the case.