The Federal Court System :: essays research papers

The Federal cost SystemChapter 18 Sections 3 and 4I.     The haughty CourtA.     The ultimate lawcourt of the United responsibilitys is the only court specifically created in the reputationa.     Chief Justice of the United Statesb.     Eight fol disgrace justicesII.     Judicial ReviewA.     1st asserted its power of judicial reappraisal in the classic encase of Marbury vs. Madison in 1803a.     aftermath of the blusterous election of 1800b.     Provision of the Judicial Act of 1789, in which congress had created the federal official court system. Law gave the Supreme Court the right to hear such suits in its original jurisdiction (not on appeal from a lower court).1.     Court Refused RequestB.     Marshalls powerful opiniona.     The constitution is, by its own terms, the supreme law of the landb.     All legislative enactments, and all other challenges of the government, are subordinate to and nookienot be allowed to conflict with the supreme lawc.     Judges are sworn to enforce the provisions of the composing and therefore must refuse to enforce any governmental action they find to be in conflict with itIII.     JurisdictionA.     Original and appellate jurisdictiona.     from lower federal courts and from the highest State courtsb.     Article III, Section 2 of the Constitution spells out two classes of cases that may be heard by the High Court in its original jurisdiction1.     those to which a State is a party2.     those affecting ambassadors, other public ministers, and councilsB.     Congress can implement the built-in provisionA.      The Court shall have the original and sole(a) jurisdiction over1.     all controversies between two or more States2.     all cases brought against ambassadors or other public ministers, but not consulsIV.     How cases moot the CourtA.     6,000 cases are now appealed to the Supreme Court each year. Of these, the Court accepts only a few hundred for decision.1.     Chosen according to the feel of four at least four of its nine justices must tot that a case should be put on the Courts docket.B.     Most cases reach the supreme Court by writ of writ of writ of certiorari1.     an order by the Court directing a lower court to send up the record in a given case for review2.     Either party can petition the Court to solution a writ3.     Cert is granted in only a particular number of in stances typically, only when a petition raises some important constitutional question or a serious problem of statutory interpretation.4.     When certiorari is denied, the decision of the lower court stands in that particular case.a.     All the disaffirmation means is that, for whatever reason, four or more justices could not sum that the Supreme Court should accept that case for reviewC.     Few cases do reach the Court in yet another way, by certificate.