1. The Supreme Court of the United States Unit 16

2. LEGAL BASIS for the power of the Supreme Court Constitution, Article III, Section I The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish.

3. Function and structure of the Supreme Court FUNCTION the highest judicial body in the United States the highest judicial body in the United StatesUnited StatesUnited States leads the federal judiciary. leads the federal judiciary.judiciary MEMBERS the Chief Justice of the United States + currently eight Associate Justices ( ) the Chief Justice of the United States + currently eight Associate Justices (number of Associate Justices may be fixed by Congress)Chief Justice of the United States Associate JusticesChief Justice of the United States Associate Justices NOMINATION by the President and confirmed with the "advice and consent" of the Senate. by the President and confirmed with the "advice and consent" of the Senate.Presidentadvice and consentSenatePresidentadvice and consentSenate Justices serve "during good behaviour”, which terminates Justices serve "during good behaviour”, which terminates - death, - retirement, - death, - retirement, - resignation, - conviction on impeachment. - resignation, - conviction on impeachment.impeachment

4. Duties and rights of judges Constitution, Article III, Section I "[t]he Judges, both of the supreme and inferior Courts, shall hold their Offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office."

5. The Court meets in Washington, D.C. in the United States Supreme Court building. The Supreme Court is primarily an appellate court, but has original jurisdiction in a small number of cases. Washington, D.C.United States Supreme Court buildingappellate courtWashington, D.C.United States Supreme Court buildingappellate court

6. Federal court system U.S. Supreme Court U.S. Courts of Appeals 13 courts of appeal below the Supreme Court U.S. District Courts 94 district level trial courts making an appeal

7. Judgeship Appointments By President Supreme Court justices, court of appeals judges, and district court judges are a)nominated by the President b)and confirmed by the United States Senate, as stated in the Constitution.

8. Hierarchy of state courts U.S. Supreme Court State Supreme Court State Courts of Appeal State general trial courts making an appeal A vast majority of cases are handled in state courts. PARALLEL COURTS Federal courts for disputes arising under federal law or lawsuits between persons residing in different sates STATE COURTS ARE NOT SUBORDINATE TO FEDERAL COURTS! – CONCURRENT AND OFTEN OVERLAPPING JURISDICTION

9. Types of cases CASES IN APPEAL PROCEDURE (the SC has the authority to review the decisions of lower courts) CASES IN APPEAL PROCEDURE (the SC has the authority to review the decisions of lower courts) ORIGINAL CASES (of great significance) ORIGINAL CASES (of great significance) - litigants for which no other court is - litigants for which no other court is competent (one state against another) competent (one state against another) - a state in collision with the federal - a state in collision with the federal government government

10. The Court and its Procedures – the first Monday in October - a Term of the Supreme Court begins the first Monday in October - a Term of the Supreme Court begins usually Court sessions continue until late June or early July ( summer - judges continue to analyze new petitions for review, consider motions and applications, and must make preparations for cases scheduled for fall argument) usually Court sessions continue until late June or early July ( summer - judges continue to analyze new petitions for review, consider motions and applications, and must make preparations for cases scheduled for fall argument) The Term is divided between "sittings," (Justices hear cases and deliver opinions), and intervening "recesses," (study the argued and and forthcoming cases +write opinions). The Term is divided between "sittings," (Justices hear cases and deliver opinions), and intervening "recesses," (study the argued and and forthcoming cases +write opinions). Sittings and recesses alternate at approximately two-week intervals Sittings and recesses alternate at approximately two-week intervals

11. up to 24 cases may be argued at one sitting (majority of cases involve the review of a decision of some other court) up to 24 cases may be argued at one sitting (majority of cases involve the review of a decision of some other court) no jury and no witnesses are heard. For each case no jury and no witnesses are heard. For each case the Court has before it a record of prior proceedings and printed briefs containing the arguments of each side the Court has before it a record of prior proceedings and printed briefs containing the arguments of each side Each week the Justices must also evaluate more than 130 petitions seeking review of judgments of state and federal courts to determine which cases are to be granted full review with oral arguments by attorneys. Each week the Justices must also evaluate more than 130 petitions seeking review of judgments of state and federal courts to determine which cases are to be granted full review with oral arguments by attorneys.

12. Expressions from the Unit 16 - major national issue - many cases reach the court - precedants binding on other judges - to sort through the flood of cases - to be acted upon on the merits - to write memoranda about cases - flag a case as important - state in collision with federal government - case is turned away without action - a case can be wrongly decided - the first trial plus an appeal - to hear four cases a day

13. Read the text, p. 77 and answer the following questions. 1. What is the experience of the SC, concerning the number of cases? 2. How does the principle of precedent work within the hierarchy of the courts in the USA? 3. Who takes part in the selection of cases that the SC will deal with? 4. How is the selection procedure carried out? 5. What are “original cases”? 6. What is the true role of the SC, in the opinion of Justice Holmes? 7. What is the daily / weekly / monthly schedule in the courtroom of the SC? 8. Which other activities are the judges occupied with besides courtroom work? courtroom work?

14. A Landmark case of the Supreme Court Miranda v. Arizona Read the following case background and decide which court instances were involved. Read the following case background and decide which court instances were involved. Ernesto Miranda, a Mexican immigrant living in Phoenix, Arizona, was identified in a police lineup by a woman, who accused him of kidnapping and raping her. Miranda was arrested and questioned by the police for two hours until he confessed to the crimes. During the interrogation, police did not tell Miranda about his right to an attorney. Fifth Amendment protection against self-incrimination or his Sixth Amendment

15. A Landmark case of the Supreme Court Miranda v. Arizona case background – PART II case background – PART II The case went to trial in an Arizona state court and the prosecutor used the confession as evidence against Miranda, who was convicted and sentenced to 20 to 30 years in prison. Miranda's attorney appealed to the Arizona Supreme Court, which upheld the conviction. Then he appealed to the United States Supreme Court, which agreed to hear it along with four similar cases. In taking the case, the Court had to determine the role police have in protecting the rights of the accused guaranteed by the Fifth and Sixth Amendments.

16. Decision of the Supreme Court The accused was not advised of his rights to counsel and to remain silent. The accused was not advised of his rights to counsel and to remain silent. The Supreme Court agreed, holding that police must inform suspects of their rights before questioning. The Supreme Court agreed, holding that police must inform suspects of their rights before questioning. This decision gave rise to what has become known as the Miranda Warning.

17. The Miranda Warning „You have the right to remain silent. Anything you say or do can and will be held against you in a court of law. You have the right to speak to an attorney. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights as they have been read to you?”

18. Miranda v. Arizona – an example of appeal procedure - Parties not satisfied with the decision of a lower court must petition (PETITIONER) the U.S. Supreme Court to hear their case. - The primary means to petition the court for review is to ask it to grant a writ of certiorari.* This is a request that the Supreme Court order a lower court to send up the record of the case for review. n. (sersh-oh-rare-ee) a writ (order) of a higher court to a lower court to send all the documents in a case to it so the higher court can review the lower court's decision.

19. The obligation of the SC not under any obligation to hear these cases not under any obligation to hear these cases only does so if the case could have national significance, might harmonize conflicting decisions in the federal Circuit courts, and/or could have precedential value. only does so if the case could have national significance, might harmonize conflicting decisions in the federal Circuit courts, and/or could have precedential value. (The Court accepts 100-150 of the more than 7,000 cases that it is asked to review each year.)  hears cases that have been decided in either an appropriate U.S. Court of Appeals or the highest Court in a given state (if the state court decided a Constitutional issue).

20. - 2 options: - 2 options: A) Writ of Certiorari - decision by the Supreme Court to hear an appeal from a lower court – if granted - brief about the merit of the case must be submitted, - oral arguments heard, - decisions reached by a majority vote (decisions reached by the end of the courts term) B) Cert. Denied - abbreviation used in legal citations to indicate that the Supreme Court denied a Petition for Writ of Certiorari in the case being cited. Possible outcomes of the petition for Writ of Certiorari

21. Vocabulary practice Complete the following definitions with appropriate legal terms................................ - a party to a lawsuit. ………………………… - decision by the Supreme Court to hear an appeal from a lower court. …………………………. - the power of a court to hear and enter judgment upon a case brought for review. …………………………. - the ability and authority of a court to decide cases based on hearing testimony and viewing evidence, rather than on appeal. ………………………….. – authority of a court to invalidate legislation or executive actions which, in the Court’ s considered judgment, conflict with the Constitution. …………………………… - the head of the United States federal court system and the president of the Supreme Court.

22. Vocabulary practice - Key Complete the following definitions with appropriate legal terms. LITIGANT - a party to a lawsuit. WRIT OF CERTIORARY - decision by the Supreme Court to hear an appeal from a lower court. APPELATE JURISDICTION - the power of a court to hear and enter judgment upon a case brought for review. ORIGINAL JURISDICTION - the ability and authority of a court to decide cases based on hearing testimony and viewing evidence, rather than on appeal. JUDICIAL REVIEW – authority of a court to invalidate legislation or executive actions which, in the Court’ s considered judgment, conflict with the Constitution. CHIEF JUSTICE- the head of the United States federal court system and the president of the Supreme Court.