The Supreme Court CHAPTER 18, SECTIONS 3 AND 4 Judicial Review Judicial Review: get to decide whether something is constitutional or not (whether it follows the Constitution of the United States) That power is with the Supreme Court, which means that the Supreme Court is the absolute and final authority on the meaning of the Constitution Marbury v. Madison--1803 Page 518 and 802 Try to summarize it with a partner What does this tell us about the Rule of Law? The Federal Court System The Judicial Branch includes all federal courts in the United States. At the top is the Supreme Court Courts decide if someone is guilty or innocent Individual judges are called Justices There are 9 justices Federal Court Cases The Federal Court only deals with 3 kinds of cases: Cases dealing with the Constitution Cases dealing with federal laws Cases dealing with more than one state Appealing a Case If you do not think you had a fair trial and do not like the verdict, then you can appeal. This means you will ask a higher court to hear your case These higher courts are called circuits There are 11 circuits in the U.S. The circuit court can uphold the decision, or overturn it If overturned, then the case goes back for another trial How Cases Reach the Court Over 8,000 cases are sent to the Supreme Court every year, but only a few hundred are considered by the Supreme Court each year They only make decisions about 100 At least 4 of the 9 justices must want to hear the case in order for it to be heard If they do not want to hear it, then the decision stays the same How the Court Works If a case is chosen then a date is set for the trial Oral Arguments: Lawyers make their arguments in 30 minutes or less Briefs: written summaries of the case given to the Justices before the case starts. These can be over 200 pages long Conference: the Justices meet in secret and discuss what they have heard The Justices all speak, in order that they became justices Opinions Once the decision is made, the Supreme Court writes its Opinion The decision, and explanations of why The winning decision is called the majority opinion The losing opinion is called the dissenting opinion It becomes precedent, or examples to be followed in future cases Special Courts Not all cases are tried this way Special Courts deal specifically with the powers of Congress Court of Federal Claims If the government is sued by a person or group This is not handled by the Supreme Court, but by a special court put together by Congress Can you think of any possible situations where you might sue the government? Territorial Courts Handles cases for the places the U.S. controls that are not in the United States Guam Virgin Islands Northern marianas Looks a lot like state courts in U.S. The District of Columbia Courts Had to set up a court system in Washington D.C. because it is not a state The Court of Appeals for the Armed Forces Military Court (Courts Martial) Handles the specific needs of the military All judges, lawyers, reporters, are part of the military Handle trials of members accused of violating military law These cases are almost never taken to Supreme Court Military Tribunals Deal with special aspects of the military Do not act as part of the regular military court system Designed to specifically meet the needs of national security and threats Examples: Al-Qaida Illegal aliens Terror Nazis Court of Appeals for Veteran Claims A Veteran is a person who has fought in a war for the U.S. This court handles cases where a veteran claims that the Department of Veterans Affairs has messed up or made mistakes in the veteran’s benefits. United States Tax Court Handles cases dealing with criminal tax laws people who have not paid their taxes System of Appeals: page 520 Flow Chart!
Pages to are hidden for
"The Supreme Court"Please download to view full document