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Supreme Court oyez/tour?item=introduction

Supreme Court http://www.oyez.org/tour?item=introduction.

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Supreme Court oyez/tour?item=introduction

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  1. Supreme Courthttp://www.oyez.org/tour?item=introduction The Justices of the Supreme Court of the United States as of 2007. Top row (left to right): Stephen G. Breyer, Clarence Thomas, Ruth Bader Ginsburg, and Samuel A. Alito. Bottom row (left to right): Anthony M. Kennedy, John Paul Stevens, Chief Justice John G. Roberts, Antonin G. Scalia, and David H. Souter.

  2. Supreme Court 3 tools to decided cases • Constitution • Precedent (Stare Decisis) • Society

  3. Judicial Review • Judicial review • power of a court to determine the constitutionality of a government action • First asserted power of judicial review in the case of Marbury v. Madison (1803). • The Court’s decision laid the foundation for its involvement in the development of the American system of government. Chapter 18, Section 3

  4. Supreme Court Jurisdiction • Both original and appellate jurisdiction. • The Court has original jurisdiction over cases involving two or more States and all cases brought against ambassadors or other public ministers. • Most cases heard by the Court are appeals cases. The Court hears only one to two cases in which it has original jurisdiction per year. Chapter 18, Section 3

  5. How Cases Reach the Supreme Court Four of nine judges must agree that it should be placed on the Court’s docket. Certificate • Cases can reach the Court by certificate when a lower court asks for the Court to certify the answer to a specific question in the matter. Writ of Certiorari • Most cases reach the Court via writ of certiorari, an order to a lower court to send a record in a given case for its review. • Cert Denied, court refuses to hear case Start with 8,000 cases ½ returned to lower court for reconsideration

  6. Appealing a Case to the Supreme Court Chapter 18, Section 3

  7. How the Supreme Court Operates Oral Arguments • 30 minutes to discuss the key Constitutional issue only • Solicitor General-Fed. Gov’t chief lawyer Briefs • Briefs are written documents filed with the Court before oral arguments begin. • AMICUS CURIAE-”Friend of the court” briefs • Not a party to the case, but “interested in outcome” • He speaks 1st & votes 1st—rest speak & vote based on seniority. Chapter 18, Section 3

  8. The Court in Conference • The Chief Justice presides over a closed-door conference in which justices present their views on the case at hand. • He speaks 1st & votes 1st—rest speak & vote • Why do Justices change their mind and vote differently than expected?

  9. Opinions of the Court Once the Court finishes its conference, it reaches a decision and its opinion is written. Chapter 18, Section 3

  10. How do Supreme Court decisions differ from Legislative or Executive Branch decisions?

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