Part of the Judicial Branch

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Presentation transcript:

Part of the Judicial Branch The Supreme Court Part of the Judicial Branch

Basics of the Supreme Court Part of the Judicial Branch 9 justices on the Supreme Court (8 judges and 1 Chief Justice) Court is on a equal plane with President and Congress (framers of the Constitution) 1981 first woman- Sandra Day O’Connor 1967 first African-America- Thurgood Marshall Justices serve for life President appoints, Congress has to approve

Where do the cases come from? 8,000 cases are appealed to the Supreme Court each year Court operates from the 1st Monday in October- June or July Rule of 4- 4 judges must agree to put a case on the docket Writ of mandamus- a court order telling a government officer to perform an act that they have legal duty to perform

How does a case get to the Supreme Court? 4 judges have to agree to hear a case Writ of Certiorari- a writ from a high court to a low one to get the records of the proceedings to review If 4 or more judges do not agree, the lower court ruling stands If a lower court is unsure of the rule of law that should apply to the case they issue a certificate If they agree they hear the oral arguments, accept the case and set a date

What happens during a court session? 1st two weeks- justices hold public sessions and they listen to the facts of several cases (lawyers present, justices listen and question) (30 minutes) 2nd two weeks- justices study the facts of the case (lawyers give them briefs about the case) Called a recess or court in conference

What’s the Vote? Decisions are reached by a majority vote Six justices must be present to call for a vote After the Court has voted, it writes an opinion ( a carefully worded statement that explains why the decision was made) 1/3 of decisions are unanimous, most are divided

What are the type of opinions? Majority Opinion- Announces the Court’s decision of the case and why they voted the way they did Precedents- Examples to be followed in similar cases Concurring Opinion- Other justices may right this if a point of theirs was not made in the majority opinion Dissenting Opinion- Written by those justices who do not agree with the Court’s decision

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