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Charles Scott
Ms. Brown
Courts & Judicial Processes
March 10, 2014
Response Paper 5
The Supreme Court has the highest ruling of all the courts in the land. They by law determine the meaning of the constitution, can create courts inferior to themselves, and serve as an appellate court. I will discuss how they gained their power, things they do to decide on court cases they will review, and how the review process works.
At one point and time the court had to view every single case that was received by writ of error under Common Law. In 1914 the courts were given certiorari jurisdiction. That allowed them to be able to pick a choose cases. They would not consider cases that were not supported by four justices. It first began as being only applicable to decisions favoring rights clamed under federal law. In 1916 all cases involving denials of federal rights were moved to certiorari jurisdiction. The Judiciary Act of 1925 finalized the supreme courts ability to pick and choose cases.
The Supreme Court may receive up to 7,000 courts cases a year. They are mostly all reviewed by clerks fo...
The Constitution confers judicial power on the Supreme Court and on inferior courts as created by Congress (Hames & Ekern, 2013). Judicial review is the power of the court to interpret the Constitution and invalidate conflicting laws.
The hierarchal structure of the federal court system consists of the Supreme Court, Courts of Appeals, Bankruptcy Appellate Panels, District Courts, Bankruptcy Courts, and Article I Courts (Hogan, 2010). The Supreme Court is the highest court in the nation. Its primary role is to review decisions made by lower courts of appeals, where the case involves the federal law or Constitutional law. The Court of Appeals primary role is to hear cases involving challenges to the judgment made in District Courts, as well as appeals from federal administrative agencies decisions. Bankruptcy Appellate Panels primary role is to hear decisions made in bankruptcy court and determine if they follow the law. District Courts primary role is to determine all facts and evidence in a case while applying the law to decide who is right. Bankruptcy
In 1787 Article three of the constitution created the Supreme Court, but not until 1789 was it configured. The way it was originally set up was with one Chief Justice and five associate judges, with all six members being appointed for life. This court serves as the “supreme law of the land”, it has the power to determine if state or federal laws are in conflict with how the Court interprets the constitution.
The Supreme Court, which sees almost 150 petitions per week, called cert petitions, must carefully select the cases that they want to spend their time and effort on (Savage 981). If they didn’t select them carefully, the nine justices would quickly be overrun, so they have put in place a program to weed through the court cases to pick out the small number they will discuss. There are a few criteria that are used to judge whether or not a case will be tried. The first is whether or not the lower courts decided the case based on another one of the Supreme Court’s decisions for they will investigate these in order to withhold or draw back their conclusion that they made in their court case. Another is the case’s party alignment: sometimes the justices will pick cases that will align with their party beliefs, like trying to get a death row inmate off of his death sentence. They also make claims about the “life” of the case- the Supreme Court only hears “live” cases- they do not try to go back in time and re-mark a case that has long since been decided (Savage 981). Lastly, they like to take cases where the lower courts did not decide with one another -these cases can have t o do with interpretations of the law that have been left up to the lower courts and should be specifically defined by the Supreme Court (Savage 982).
The Supreme Court of the United States has the highest authority in the Judicial Branch and is the third branch of government. The function of the Supreme Court is to interpret the Constitution. The Supreme Court looks at federal and state statues and executive actions to determine if they comply with the United States Constitution. On the Supreme Court, there are nine justices that hear cases that have been appealed through the justice system. When the Supreme Court rules in a case that is the la...
... their rulings. They do not make the laws; that is the job of Congress. Their primary goal is to interpret and decide the constitutionality of federal law. As stated previously from Section 1 of Article 3 of the Constitution about the establishment of the Supreme Court and creation of the lower federal courts, the combination of these court systems represents the original Framer’s compromise to establish a national court and allow state courts to exercise jurisdiction in disputes falling under federal law.
Since it is the Supreme Court who chooses which case they would like to present, one must understand how the system works. The main function of the Supreme Court is to answer
The US Supreme Court was created in Article III of the Constitution and has the ultimate authority on the interpretation of constitutional law and is therefore deemed the highest court in the nation (USSC). The Supreme Court consists of a chief justice and eight associate justices who review cases from lower courts throughout the nation and rule on the constitutionality of the issues (Urofsky, 2001). The Supreme Court plays a large role in the American legal system because its rulings become law, affecting subsequent cases throughout the nation. During the late fifties and sixties, a time known as the Warren Court, the Supreme Court handed down multiple rulings that were controversial and especially impactful in the area of criminal investigations.
The courtroom is a ritualised space, involving costume, language, spatial organisation and so on, and courts, therefore, constitute performative exercises of power. Discuss some of the ways in which courts demonstrate power and/or power relations.
Proverbs 21:15 New Living Translation (NLT) states, “Justice is a joy to the godly, but it terrifies evildoers.” With that being said, there are “94 district courts, 13 circuit courts, and one Supreme Court throughout the country.” The court systems are not in place to be abused by the representative nor those that are looking for assistance. The court systems exist to provide justice for all.
The US court system consists of a trial court, an appellate court, and a supreme or high court. The trial court is the first to hear the facts of a case and has original jurisdiction. The appellate court hears cases whose resolution is disputed by the losing party in the trial court. The supreme or high court hears cases whose outcome is disputed by the losing party in the appellate court. The supreme or high court chooses which cases warrant a hearing. The federal and the state court system have the same basic structure. Each consists of a trial court, an appellate court, and a supreme or high court. The Federal Court of Appeals has thirteen (13) circuits which cover most states except the District of Columbia. The federal system also has specialty courts such as the Court of Federal Claims and the United States Tax Court.
The Supreme Court and Federal court have the same authority as in the Constitution. This system is called checks and balances which prevents the sole power of any one of the three branches. In addition, this power can be divided between the states and Federal government. The Federal government’s role in “domestic and foreign affairs and how they have grown” (Fe...
The American Court System is an important part of American history and one of the many assets that makes America stand out from other countries. It thrives for justice through its structured and organized court systems. The structures and organizations are widely influenced by both the State and U.S Constitution. The courts have important characters that used their knowledge and roles to aim for equality and justice. These court systems have been influenced since the beginning of the United State of America. Today, these systems and law continue to change and adapt in order to keep and protect the peoples’ rights.
The grounds of judicial review help judges uphold constitutional principles by, ensuring discretionary power of public bodies correspond with inter alia the rule of law. I will discuss the grounds of illegality, irrationality and proportionality in relation to examining what case law reveals about the purpose and effect these grounds.
For my field experience, I chose to attend a court case. On October 14th, 2015 I went to the District of Columbia court and watched a sentencing. It was not at all what I initially expected although after sitting in class for several weeks I was not shocked by it. What surprised me most was the informal, personal nature that the whole process had. The experience was interesting and I feel that I learned a lot from it.