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.