essential question how does the supreme court function?

Essential Question

• How does the Supreme Court function?

The Supreme Court

The Supreme Court

• Created by Article III of the Constitution

The Supreme Court

• Court of last resort in all questions of federal law

• Most are appeals from lower courts

The Supreme Court

• Decisions of the Supreme Court are binding on all lower courts

The Supreme Court

• Cases are heard in Washington D.C. and are open to the public

Jurisdiction

• Both original and appellate jurisdiction

Original Jurisdiction

• Two types of cases:

1. Involving representatives of foreign government

2. Certain cases in which a state is a party

Appellate Jurisdiction

• Cases appealed from the highest court of a state

• If claims under federal law or the Constitution are involved

Example

• A state court charges a person with violating a state law

• During the trial the accused claims police violated the 14 Amendment with an illegal search at the time of arrest

• Supreme Court rules on the 14th A. issue, not whether the accused is guilty

Supreme Court Justices

• Composed of 9 justices

• 1 chief justice and 8 associate justices

Balance of Powers

• Congress may remove a justice through the impeachment process

Duties of the Justices

• Main job is to hear and rule on cases

Making a Ruling

1. Deciding which cases to hear from the thousands appealed to the Court each year

2. Deciding the case itself

3. Determining an explanation for the decision, called the Court’s opinion

Chief Justice

• Presides over sessions and conferences at which cases are discussed

• John Roberts

Appointing a Justice

• Appointment by the president

• Approval by the Senate

Supreme Court Procedures

• The Court sits for two consecutive weeks each month


• Justices listen to oral arguments by lawyers on each side of the case

• Monday through Wednesday each week


• On Wednesdays and Fridays justices meet in secret conferences to decide cases


• After two weeks the Court recesses and justices work on paperwork

Opinions

• Written statements on cases they have decided

Opinions

• As justices write opinions, they establish general principles that apply to the nation

Caseload

• More than 8900 cases were appealed to the Court in 2000

• The court listened to arguments in 83

How Cases Reach the Court

• Writ of certiorari

• An order from the Court to a lower court to send up the records for a case to review

• At the request of someone seeking an appeal

Appeal

• The decision of a lower court or state court has been requested to be reviewed

• Usually involved the constitutionality of a law

Choosing a Case

• The “rule of four”

• If four out of nine justices agree a case should be heard, it moves to the Supreme Court

Submitting Briefs

• After the Court accepts a case, lawyers on both sides submit briefs

• Written statement setting forth the legal arguments, facts, and precedents for a case

Oral Arguments

• A lawyer is allowed 30 minutes for each side to present the argument

• When the red light flashes, the lawyer must stop talking immediately

The Conference

• Secret conference held with the nine justices to discuss the case

• Chief justice presides over the debate

The Conference

• The chief justice asks each associate justice their opinion in order of seniority

The Vote

• Majority wins

Writing the Opinion

• States the facts of the case and explains the reasoning behind the Court’s ruling

• Set the precedent for lower courts to follow in the future

Majority Opinion

• Expresses the views of the majority of the justices on a case

Dissenting Opinion

• The opinion of justices on the losing side of the case

essential question how does the supreme court function?

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