2. Essential Question How does the Supreme Court function?

3. The Supreme Court

4. Created by Article III of the Constitution

5. The Supreme Court Court of last resort in all questions of federal law Most are appeals from lower courts

6. The Supreme Court Decisions of the Supreme Court are binding on all lower courts

7. The Supreme Court Cases are heard in Washington D.C. and are open to the public

8. Jurisdiction Both original and appellate jurisdiction

9. Original Jurisdiction Two types of cases: 1.Involving representatives of foreign government 2.Certain cases in which a state is a party

10. Appellate Jurisdiction Cases appealed from the highest court of a state If claims under federal law or the Constitution are involved

11. Example A state court charges a person with violating a state law During the trial the accused claims police violated the 14 Amendment with an illegal search at the time of arrest Supreme Court rules on the 14 th A. issue, not whether the accused is guilty

12. Supreme Court Justices Composed of 9 justices 1 chief justice and 8 associate justices

13. Balance of Powers Congress may remove a justice through the impeachment process

14. Duties of the Justices Main job is to hear and rule on cases

15. Making a Ruling 1.Deciding which cases to hear from the thousands appealed to the Court each year 2.Deciding the case itself 3.Determining an explanation for the decision, called the Court’s opinion

16. Chief Justice Presides over sessions and conferences at which cases are discussed John Roberts

17. Appointing a Justice Appointment by the president Approval by the Senate

18. Supreme Court Procedures The Court sits for two consecutive weeks each month

19. Supreme Court Procedures Justices listen to oral arguments by lawyers on each side of the case Monday through Wednesday each week

20. Supreme Court Procedures On Wednesdays and Fridays justices meet in secret conferences to decide cases

21. Supreme Court Procedures After two weeks the Court recesses and justices work on paperwork

22. Opinions Written statements on cases they have decided

23. Opinions As justices write opinions, they establish general principles that apply to the nation

24. Caseload More than 8900 cases were appealed to the Court in 2000 The court listened to arguments in 83

25. How Cases Reach the Court Writ of certiorari An order from the Court to a lower court to send up the records for a case to review At the request of someone seeking an appeal

26. Appeal The decision of a lower court or state court has been requested to be reviewed Usually involved the constitutionality of a law

27. Choosing a Case The “rule of four” If four out of nine justices agree a case should be heard, it moves to the Supreme Court

28. Submitting Briefs After the Court accepts a case, lawyers on both sides submit briefs Written statement setting forth the legal arguments, facts, and precedents for a case

29. Oral Arguments A lawyer is allowed 30 minutes for each side to present the argument When the red light flashes, the lawyer must stop talking immediately

30. The Conference Secret conference held with the nine justices to discuss the case Chief justice presides over the debate

31. The Conference The chief justice asks each associate justice their opinion in order of seniority

32. The Vote Majority wins

33. Writing the Opinion States the facts of the case and explains the reasoning behind the Court’s ruling Set the precedent for lower courts to follow in the future

34. Majority Opinion Expresses the views of the majority of the justices on a case

35. Dissenting Opinion The opinion of justices on the losing side of the case