Supreme Court Notes



Supreme Court

My Notes

What is the Supreme Court?

A. Highest Court in the U.S. (Court of last resort)

B. Head of the third branch of government (judicial branch)

C. Only court created in the Constitution

What does the Supreme Court do?

A. Has the power of judicial review–looks at acts of legislative (Congress) and Executive Branch (President) to determine if they are Constitutional.

B. Original Jurisdiction–certain cases can go directly to the Supreme Court

One state sues another state

Situations involving ambassadors/consuls

C. Appellate Jurisdiction—most cases come to the Supreme Courts on appeal

How does the Supreme Court pick the cases it hears?

A. Rule of Four – If 4 out of 9 judges agree to hear a case, then it will be heard.

B. Picks cases which are:

1. Constitutional Issues of great importance

2. Decides the constitutionality of a state or federal law

3. Check federal government’s power over states or individuals

4. Correct mistakes of lower court

5. Set a new direction or overturn a previous Supreme Court decision

6. Correct a clear injustice

How many cases are heard each year?

Out of 7,000 cases presented each year only about 120 are picked to be heard

How are opinions handled?

A. After the oral argument is heard and the case is reviewed in private, the court issues its’ opinion in the case, usually several months after the case is heard.

B. Three Types of Opinion:

1. Majority Opinion – if 5 or more justices vote the same, this is the official decision of the Supreme Court on a specific case.

2. Concurring Opinion – agrees with majority opinion but for different reasons. Makes or emphasizes a point that was not made in the majority opinion.

3. Dissenting Opinion – disagrees with the majority opinion and explains why.

How is the Supreme Court Organized?

A. One Chief Justice – John Roberts (2006 – present)

B. 8 Associate Justices (5 men and 3 women)

C. Female Justices:

Sandra Day O’Connor – appointed by Reagan in 1981 (retired 2006)

Ruth Bader Ginsburg – appointed by Clinton in 1993

Constitution

• Judicial Branch—Article 3

• A1,S1

o created the Supreme Court

o all other federal courts would be created by Congress

• A1,S2

o some federal cases the Supreme Court will have “original jurisdiction”

o most cases must be appealed to the supreme court

• A1,S3

o Treason

Unit Vocabulary

• Jurisdiction—the authority to hear a case

• Plaintiff—the person who files suit

• Defendant—the person whom the plaintiff is against

• writ of certiorari (sûr[pic]sh[pic]-[pic]-râr[pic][pic]) or (sir she ur air e)—an order by the Supreme Court directing a lower court to send up the record of a given case for review (from Latin, meaning “to make more certain”)

• majority opinion—written announcement of the Courts decision in a case and reasoning upon which it was based

• concurring opinion—written explanation by a Court Justice who agrees with the majority—to add or emphasize a point

• dissenting opinion—written explanation by a Court Justice who disagrees with the majority

• oral argument—oral presentation of facts in a case—each side is given 30 minutes

• brief—written documents filed with the Court before oral arguments

The Federal Court System

• Why were the Supreme Court and other federal courts established?

o To interpret and apply state and federal laws

• How are federal judges chosen?

o Appointed by the President; approved by the Senate

• What is the term of service for Supreme Court justice?

o Life

• What are four ways a federal judge my leave office?

o Resign, retire, impeachment, dies in office

• How much do Supreme Court Justices get paid?

o Current (2008) salary for the Chief Justice is $217,400 per year, while Associate Justices make $208,100

• What are the two ways that cases reach the Supreme Court?

o writ of certiorari

o certificate

• Define writ of certiorari.

o an order by the Supreme Court directing a lower court to send up the record of a given case for review

• Define certificate.

o a lower court asked the Supreme Court to certify the answer to a specific question

• What is the “rule of four”?

o Four Supreme Court justices must agree to hear a case

• What are the four types of jurisdiction?

o concurrent

o exclusive

o original

o appellate

• Define concurrent jurisdiction.

o When a case may be heard by either a federal or state court

• Define exclusive jurisdiction.

o When a case can only be heard in a federal court.

• Define original jurisdiction

o The power to hear a case first, before any other court

• Define appellate jurisdiction

o The authority of a court to review a lower (inferior) court’s decision

• Cite four examples of cases where the federal courts would have exclusive jurisdiction.

o ambassador

o federal crime

o patent/copyright

o case involving an act of Congress

• Define majority opinion.

o Written announcement of the Courts decision in a case and reasoning upon which it was based

• Define concurring opinion.

o Written explanation by a Court Justice who agrees with the majority—to add or emphasize a point

• Define dissenting opinion.

o Written explanation by a Court Justice who disagrees with the majority

• Define judicial review.

o Decides whether acts of Congress and the President are constitutional

• Who is the Chief Justice of the Supreme Court

o John Roberts

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