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The supreme Court:
Judicial review: may decide the Constitutionality of an act of government
Marbury v. Madison (1803): Chief Justice John Marshall set up this precedent
Both original and “appellate” jurisdiction
That is, the power to review decisions and change outcomes of decisions
of lower courts
Appellate jurisdiction is the power to review decisions and change outcomes of
decisions of lower courts, while original jurisdiction is where a court is the first to
hear a case. The Supreme Court has original jurisdiction over disputes between
states and, rarely, high ranking officials.
Jurisdiction:
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.
Roughly 8,000 cases appealed to the SC each year; only accepts a few hundred
“Rule of four”: at least 4/9 justices must agree to hear a case
If it does not accept a case, the ruling of the last court stands: “stare decisis”.
How cases reach the Supreme Court:
Most cases reach the Court via writ of certiorari: a request that the Supreme Court
order a lower court to send up a case for review.
Cases can reach the Court by certificate when a lower court asks the Supreme
Court for an opinion on a question of law.
How the Court Operates:
Oral Arguments
Once the Supreme Court accepts a case, it sets a date for when lawyers on both
sides will present oral arguments.
Briefs
Written documents are filed with the Court before oral arguments begin.
The Court in Conference
The Chief Justice presides over a closed-door conference in which justices
present their views on the case at hand.
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