How Cases Make Their Way to the U.S. Supreme Court

U.S. Court System

The U.S. Supreme Court Building in Washington D. C.

Diagram of the U.S. Court System

The U.S. Supreme Court

The Supreme Court of the United States was created by Sec. 1 Article III of the Constitution. Its jurisdiction is set out by statute in Title 28 of the U.S. Code. The organization of the Court is also spelled out by legislation. The Court itself develops the rules governing the presentation of cases. One of the most important powers of the Supreme Court is judicial review. While the Supreme Court is a separate branch of government, outside factors do exert some influence on the Court.

U.S. Supreme Court Justices

There are nine justices; a Chief Justice of the United States and eight associate justices, who are appointed by the president with the advice and consent of the Senate. Justices serve during good behaviour (usually until death, retirement or resignation.)

The 11 U.S. presidents since World War II have appointed 28 Supreme Court members. Republicans 17, Democrats 11.

Judicial Review

Judicial review consists of:

-The power of the courts to declare laws invalid if they violate the Constitution.

-The supremacy of federal laws or treaties when they differ from state and local laws.

-The role of the Court as the final authority on the meaning of the Constitution.

How Cases Make Their Way to the U.S. Supreme Court

Each year, about 4,500 cases are requested for review by the Supreme Court. Less than 200 cases are actually decided by the Court each year.
There are three ways for a case to make its way to the US Supreme Court.

1) There are cases in which the US Supreme Court has original jurisdiction (heard there first). Cases in which a state is a party and cases dealing with diplomatic personnel, like ambassadors, are the two examples.

2) Those cases appealed from lower federal courts can be heard at the Supreme Court. Some laws obligate (or force) the Supreme Court to hear them. But most come up for review on the writ of certiorari, a discretionary writ that the court grants or refuses at its own discretion. The writ is granted if four of the justices want it to be heard.

3) The US Supreme Court reviews appeals from state supreme courts that present substantial "federal questions," usually where a constitutional right has been denied in the state courts.

In both civil and criminal law, the Supreme Court is the final court of appeal.

State Courts

-Each state has a court system that exist independently from the federal courts. State court systems have trial courts at the bottom level and appellate courts at the top. Over 95% of the nation's legal cases are decided in state courts (or local courts, which are agents of the states).

-Some states have two appellate levels, and others have only a single appellate court. Family courts settle such issues as divorce and child-custody disputes, and probate courts handle the settlement of the estates of deceased persons. Below these are less formal trial courts, such as magistrate courts and justice of the peace courts. These handle a variety of minor cases, such as traffic offenses, and usually do not use a jury.

-Cases that originate in state courts can be appealed to a federal court if a federal issue is involved and usually only after all avenues of appeal in the state courts have been tried.

Date: 2016-04-22; view: 1057