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Supreme Court. Judicial Review Judicial review Judicial review power of a court to determine the constitutionality of a government action power of a court.

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Presentation on theme: "Supreme Court. Judicial Review Judicial review Judicial review power of a court to determine the constitutionality of a government action power of a court."— Presentation transcript:

1 Supreme Court

2 Judicial Review Judicial review Judicial review power of a court to determine the constitutionality of a government action power of a court to determine the constitutionality of a government action First asserted power of judicial review in the case of Marbury v. Madison (1803). First asserted power of judicial review in the case of Marbury v. Madison (1803). The Landmark decision essentially gave the Judicial Branch the a check over the other two branches. The Landmark decision essentially gave the Judicial Branch the a check over the other two branches.

3 Supreme Court Jurisdiction Both original and appellate jurisdiction. Both original and appellate jurisdiction. The Court has original jurisdiction in only two situations The Court has original jurisdiction in only two situations cases involving two or more States and all cases brought against ambassadors or other public ministers. 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. 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.

4 How Cases Reach the Supreme Court Four of nine judges must agree that it should be placed on the Court’s docket. Writ of Certiorari Most cases reach the Court via writ of certiorari, an order to a lower court to send a record in a given case for its review. Most cases reach the Court via writ of certiorari, an order to a lower court to send a record in a given case for its review. Cert Denied, court refuses to hear case Cert Denied, court refuses to hear case Certificate Cases can reach the Court by certificate when a lower court asks for the Court to certify the answer to a specific question in the matter. Cases can reach the Court by certificate when a lower court asks for the Court to certify the answer to a specific question in the matter.

5 Appealing a Case to the Supreme Court Chapter 18, Section 3

6 How the Supreme Court Operates Briefs Briefs are written documents filed with the Court before oral arguments begin. Briefs are written documents filed with the Court before oral arguments begin. AMICUS CURIAE-”Friend of the court” briefs AMICUS CURIAE-”Friend of the court” briefs Not a party to the case, but “interested in outcome” Not a party to the case, but “interested in outcome” Oral Arguments 30 minutes to discuss the key Constitutional issue only 30 minutes to discuss the key Constitutional issue only

7 The Court in Conference The Chief Justice presides over a closed-door conference in which justices present their views on the case at hand. The Chief Justice presides over a closed-door conference in which justices present their views on the case at hand. Chief Justice John Roberts speaks 1 st & votes 1 st — everyone else speaks and votes in order of seniority Chief Justice John Roberts speaks 1 st & votes 1 st — everyone else speaks and votes in order of seniority

8 How does the Supreme Court decide a case? 3 tools to decided cases 1. Constitution 2. Precedent (Stare Decisis) 3. Society

9 Opinions of the Court Chapter 18, Section 3 Once the Court finishes its conference, it reaches a decision and its opinion is written.


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