How The Supreme Court Functions:

 

Roles:

     Defender of people's rights

     Highest Court in the land

     Interpreter of the Constitution

 

How does the court decide to hear a case?

 

     Must have a true controversy

 

     Court has jursidiction (power to hear) in

           case

 

     Issue must be justiciable (a court based

           issue)

 

     Person effected by the case must have

           standing

 

Three ways to get to the Supreme Court:

 

1. Appeals from State Appeals Courts

 

2. Appeals from Federal Appeals Courts

3. Writ of Certiorari: form filed by individuals directly to the Court

 

The court gets between 3 and 4 thousand of these each year, they hear about 100 to 125

 

Authority of the Court Comes From:

     Judiciary Act of 1789 (which established

           the court system)

     U.S. Constitution Article 3

     Marbury v. Madison: the power of judicial

           review

 

Guiding Principles of the Supreme Court:

 

Stare Decisis: abide by previous case law; generally does not overturn cases

 

Look at the Constitution: strict or loose

     interpretation

Look at laws involved and their purpose

Argue and vote: each justice gets one vote

Announce their decision: immediatley

     becomes official

           Majority decision

           Concurring opinion

           Dissenting opinion