UNIT 6 – THE FEDERAL COURT SYSTEM Power point 2 – The Supreme Court and Special Courts

Judicial Review  Marbury v. Madison – Established judicial review which is the ability of the Supreme Court to determine the constitutionality of law.

How cases reach the court…  Most cases reach the court through a writ of certiorari (literally to call up or make more certain)  An order by the court directly a lower court to send up the record in a given case for its review.  Supreme Court can deny (not grant cert) or not issue a writ. In that case, the decision of the lower court stands.

How the court operates…  At least once a week, the nine justices meet in conference.  Agenda – justices rely heavily on law clerks to help screen cases. If four justices agree to grant review of a case (“rule of four”) it can be scheduled for an oral argument or decided on the basis of the written record already on file with the Court.

Oral Arguments  Lawyers may have 30 minutes to address the court.  Conference room – the chief justice raises a particular case and invites discussion, turning first to the senior associate justice.  If votes are not clear fro the individual discussions, the CJ may ask each justice to vote.  Once a vote has been reached, it is necessary to write an opinion, a statement of legal reasoning behind the decision.  Votes can be gained or lost by the content of the opinion.

Briefs  Amicus curiae briefs have an important role: the government under the solicitor general, may submit them in cases in which it has an interest.  Briefs files by persons or groups who are not actual parties to a case but who nonetheless have a substantial interest in its outcome.

Court’s Opinions  Dissenting Opinions – those written by justices opposed to all or part of the majority’s decision.  Concurring Opinions – those written not only to support a majority decision but also to stress a different constitutional or legal basis for the judgment.  When the opinions are written and the final vote is taken, the decision is announced.

Special Courts  Military and Veterans Claims Courts  Courts-martial  Court of Appeals for the Armed Forces (civilian tribune)  Court of Appeals for Veterans Claims  Military Commisions

Other Special Courts  The Court of Federal Claims  Territorial Courts  The District of Columbia Courts  United States Tax Court