Supreme Court

District court

Lowest level in the federal system, 94 districts in the U.S., original jurisdiction over most cases, hear both criminal and civil cases, juries responsible for verdicts

Courts of appeal

Intermediate level in the federal system, 12 regional circuit courts (+ 1 specialized federal circuit), no original jurisdiction; strictly appellate, no new evidence or witnesses; review of procedure/decision, panel of 3 judges (rotating) make rulings

Supreme court

Highest court in the federal system, majority of cases heard through appeals, limited original jurisdiction, no new evidence or witnesses; review of procedure/decision, 9 justices decide cases

Marbury v. Madison

Questions: Did Marbury have the right to the commission? Was there a remedy available through the laws of the United States? Was a writ of mandamus issued by the Supreme Court the appropriate remedy?

The Court decided yes on questions 1 and 2, but stated that it did not have jurisdiction to hear the case in the first place

Judicial Review

–the power of the Supreme Court to review and invalidate the actions of the other two branches of government

the key principle to come from this case; the Court essentially bestowed this power upon themselves

Federalist 78

Judiciary is least dangerous, has no influence over sword or purse, merely judgment and must depend on the aid of executive arm for efficacy of its judgment

Original jurisdiction

Cases the Supreme Court has the ability to hear before any other court

Appellate jurisdiction

Cases must go through a lower court before the Supreme Court can hear them

Informal requirements for serving on Supreme Court

American Bar Association (ABA) approval, F.B.I. background check, political ideology

Chief Justice

Mark Roberts

Standing petition

There must be an actual dispute (or problem), not a hypothetical one, mootness: a criterion used to dismiss cases that no longer require a resolution, the Court receives more than 7,000 requests, accepts about 70-90 per term

Amicus curiae briefs

“Friend of the court” briefs, attempts to influence (to accept case or on ruling) the justices through argument

Rule of 4

4/9 justices must vote to hear a case for a petition to be granted

State decisis

Relying on cases decided in the past and adhering to judgments of prior courts, the idea of having stability in the ways that judges interpret laws and decide cases

Types of opinions

Majority, concurring, dissenting

Majority opinion

The core decision of the Court through which the legal reasoning for said decision is laid out

Concurring opinion

An opinion written by a justice that agrees with the majority decision but not with legal reasoning

Dissenting opinion

An opinion written by a justice that disagrees with the outcome of the case