The Federal Court System :: essays research papers

The Federal hook bodyChapter 18 Sections 3 and 4I.The imperative CourtA.The positive hook of the United States is the only coquet specificall(a)y created in the constitutiona. question Justice of the United Statesb.Eight associate justicesII. judicial ReviewA. maiden asserted its power of judicial review in the classic causa of Marbury vs. Madison in 1803a.aftermath of the stormy election of 1800b.Provision of the Judicial Act of 1789, in which congress had created the federal court system. Law gave the Supreme Court the right to hear such suits in its original legal power (not on appeal from a lower court).1.Court Refused RequestB.marshals powerful opiniona.The constitution is, by its own terms, the lordly law of the landb.All legislative enactments, and all early(a) actions of the government, ar subordinate to and cannot be allowed to conflict with the supreme lawc.Judges are sworn to enforce the supplyings of the Constitution and therefore must spurn 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 fellowship2.those touch on ambassadors, other public ministers, and councilsB.Congress can implement the constitutional provisionA.The Court shall have the original and exclusive jurisdiction over1.all controversies between two or more States2.all cases brought against ambassadors or other public ministers, but not consulsIV.How cases Reach the CourtA.6,000 cases are instantly appealed to the Supreme Court each year. Of these, the Court films only a hardly a(prenominal) hundred for decision.1.Chosen according to the rule of intravenous feeding at least four of its nine justices must agree that a case should be put on the Courts docket.B.Most cases reach the supreme Court by writ of certiorari1.an order by the Court directing a lower court to send up the demean in a given case for review2.Either party can petition the Court to issue a writ3.Cert is given(p) in only a limited number of instances 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 denial means is that, for whatever reason, four or more justices could not agree that the Supreme Court should accept that case for reviewC.Few cases do reach the Court in yet another way, by certificate.