The United States Supreme Court
The Judicial Branch of the United States Federal Government is composed of the
Supreme Court and lesser courts created by the United States Congress.
A Court of Law
In any civil dispute, whether it is between two private parties, a private party and the
government, or between state, or local governments and the United States government
they will most likely come before a court of law.
A Court Hearing
 Each side is allowed to present their
position before the court.
 The court applies the facts
presented to standing laws and
decides which side the law favors.
Types of Trials
 In some cases witnesses are
summoned to present evidence.
 Sometimes a jury of peers sends
down the verdict and a judge will
sentence the guilty party.
 In other trials a judge will decide
guilt and innocence and sentence
the guilty party.
Your Rights Under the Constitution
 Every person accused of a crime has the right to
a public trial and a lawyer
 If you cannot afford a lawyer one is provided to
you
 Everyone is considered innocent until proven
guilty
 If you believe that the court has made a mistake
in your trial, you have the right to appeal your
case, or appeal for a review of your case
The Federal Court System
Article III of the U.S. Constitution created
the Supreme Court and provided the U.S.
Congress the power to create lower federal
courts
The Judiciary Act of 1789
Congress established district courts and
circuit courts of appeals
1891
Congress created a system of federal Courts
of Appeal which created the system we
know today.
The three levels of the Federal
Court System exist beside 50
separate court systems whose
authority is provided them
through state constitutions.
Federal Cases
Cases Involving the
Constitution
Cases Involving
Violations of Federal
Laws
If a person feels that
their constitutional
rights have been
broken they have a
right to have the case
heard in a federal
court
If a person is accused
of a federal crime,
such as kidnapping,
counterfeiting, tax
evasion, or murder, it
will be heard in a
federal court.
Arguments between
states, such as over
borders or water
rights, are heard in
federal courts.
If the federal
government is suing
someone, or if you are
suing the federal
government, it will be
heard in a federal
court
Lawsuits involving
the federal
government and a
foreign government,
or lawsuits involving
U.S. citizens and
foreign parties are
heard in federal courts
Any lawsuits
involving the high
seas are heard in
federal courts
Suits Involving the
Federal Government
Controversies Between
Disputes Between
States
Parties in Two Separate
State
Cases Involving Foreign
Cases Based on
Governments and
Admiralty and Maritime
Treaties
Laws
If a person from one
state would like to
bring a lawsuit against
a person from another
state it will be heard in
a federal court.
Cases Involving U.S.
Diplomats
Any cases involving
U.S. diplomats.
Jurisdiction
A courts authority to hear a case
Original Jurisdiction
A court’s authority to hear cases
for the first time
Appellate Jurisdiction
The authority of a court to hear
a case which has been
APPEALLED from a lower
court.
Appointment of Supreme Court Justices
The U.S. Constitution allows the president to appoint Supreme Court Justices with the approval
of the United States Senate, and although there are no official qualifications, acting presidents
usually try and appoint justices who share their political ideology and beliefs.
Senatorial Courtesy
If both senators from the candidates home state oppose the nomination, a president will usually
withdraw the nomination.
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Powers of the Supreme Court
JUDICIAL REVIEW
The Supreme Court has the
authority to judge whether the
laws and actions of the
government are allowed by the
U.S. Constitution.
Marbury v. Madison
 The Constitution is the supreme
law of the land
 The Constitution supersedes any
other law
 The Judicial Branch must uphold
the Constitution and therefore
must be able to rule that a law is
unconstitutional and therefore
they have the right to nullify laws
which are unconstitutional.
INTERPRETING THE LAW
The Supreme Court has the
authority to interpret laws written
by the government to show the
way in which they should be
applied in the real world.
The President
Congress
The Supreme Court is
not only nominated
by the president but
must also rely on
him/her to enforce
rulings
Senate must approve
nominations and can
pass laws to replace
nullified laws or pass
amendments to
overturn rulings
State
Governments
State officials must
enforce rulings and
can also pass
amendments to
challenge the court
rulings
Legal Disputes
Any trial heard by the
Supreme Court must
be brought to them
through legal disputes
by citizens and
governments.
Written
Arguments
Oral
Arguments
Conference
Each side is
expected to
write and submit
a brief explaining
their position
Lawyers from
each side
present oral
arguments for 30
minutes and
then answer
questions
The Chief Justice
presides over a
secret meeting
of Supreme
Court Justices
with 5 in favor
deciding the
case
Opinion
Writing
Announcem
ent
One justice
Printed copies
writes the
are submitted to
majority opinion, the public
and another a
dissenting.
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The Law
Social
Conditions
Legal Views
Justices are supposed
to place the language
of the law and
previous precedent
to decide the case to
keep the law
predictable
A change in social
conditions and
changing social views
can influence their
decision
Some justices will
seek to use the
bench to change laws
and policy while
others are against
such “legislating from
the bench.”
Personal Beliefs
A justices personal
beliefs will
undoubtedly affect
the final outcome of
the case.