1. Unit 13 The Supreme Court of the USA
English for Lawyers II
Snježana Husinec, PhD.,

2. The Croatian Court system
What is the hierarchy of the courts of general jurisdiction in the Republic of Croatia? Complete the chart with the names of the Croatian courts from the box.
Administrative courts --- Municipal courts --- High Administrative Court --- High Misdemeanour Court
Hight Commercial Court --- Misdemeanour courts --- County courts --- Commercial courts
Supreme Court of the Republic of Croatia
_______________ High Commercial Court _______________ ______________
________________ ________________ Misdemeanour courts ______________

3. The Court System in the U. S.
What do you think might be the basic difference between the Croatian and US court system? (Take into consideration the differences in the political organization of Croatia and the US.)
Read the 1st section of the text entitled The Federal Court System and answer the following questions:
How many different court systems are there in the U.S.?
How many levels does the U.S. court system have, and which are they?
Are the mentioned courts the courts of genaral or special jurisdiction?

4. court system court systems
U.S. Courts
a unique judicial system – made up of two separate systems
U.S. JUDICIAL SYSTEM
FEDERAL STATE
court system court systems
both the federal and state governments need their own court systems to apply and interpret their laws
each system is responsible for hearing certain types of cases – neither is completely independent of the other – they often interact

5. Federal Court System
deals with issues of law relating to those powers expressly or implicitly granted to it by the U.S. Constitution
FEDERAL COURTS – two types of courts
– derive their power from Article III of the Constitution; (no provisions for a federal court system in the Constitution, only the Supreme Court)
- all judges appointed by the President of the United States with the advice and consent of the Senate and hold office during good behaviour
1 Courts of general jurisdiction – can hear almost any cases
U.S. District Courts
U.S. Courts of Appeal (circuit courts)
U.S. Supreme Court

6. Federal Court System 2 Courts of special jurisdiction
U.S. Court of Claims
U.S. Court of International Trade
U.S. Bankruptcy court
U.S. Tax Court
U.S. Court of Military Appeals
U.S. Court of Veteran’s Appeals
etc.

7. Jurisdiction of the Federal Courts
spelled out in Article III, Section 2 of the U.S. Constitution
limited jurisdiction – can hear two types of cases
Diversity of Citizenship – cases of civil nature in which parties are residents of different states and the amount in question exceeds the amount set by federal law (currently $75,000) – often required to apply state laws
Federal question – cases that arise under the U.S. Constitution, the laws of the United States and the treaties made under the authority of the United States – the sole prerogative of the federal courts
suits between states; cases involving ambassadors and other high-ranking public figures; federal crimes; bankruptcy; patent, copyright and trademark cases; admiralty; antitrust; securities and banking regulation; other cases specified by federal statute

8. U.S. Supreme Court

9. From the Constitution Article III Section 1.
The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish.

10. U.S. Supreme Court Composition
was created by Sec. 1 Article III of the Constitution
sits at the top of the federal court system
sits in Washington D.C. – nine-month terms
Composition
9 judges – JUSTICES nominated by the US President
(Chief Justice approved by the majority vote
+ 8 associate justices of the Senat
(the current number of justices is set by the Judiciary Act 1869)
serve during good behavior (usually until death, retirement, resignation, conviction, or impeachment)

11. U.S. Supreme Court
Article III Section 2. In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall

12. U.S. Supreme Court - Jurisdiction
I APPELATE JURISDICTION
primarily an appellate court - in both civil and criminal law - the final court of appeal;
has the power to decide if it will accept the case or not - accepts 100 – 150 cases of such cases each year
1) appeals from lower federal courts
Some laws obligate (or force) the Supreme Court to hear them, most come up for review on the writ of certiorari, a discretionary writ that the court grants or refuses at its own discretion (the writ is granted if four of the justices want it to be heard).
2) appeals from state supreme courts that present substantial "federal questions" (usually where a constitutional right has been denied in the state courts).

13. U.S. Supreme Court - Jurisdiction
II ORIGINAL JURISDICTION
cases in which the US Supreme Court has original jurisdiction (heard there first – a small number of cases)
- conflicts between states and
confolicts between a State and a Federal government
U.S. Constitution Article III, Section 1
“In all cases affecting ambassadors, other public ministers and consuls, and those in which a stateshall be party, the Supreme Court shall have original jurisdiction. “
III JUDICIAL REVIEW - authority to invalidate legislation or executive actions which, in the Court’s considered judgment, conflict with the Constitution
- one of the most important powers of the Supreme Court

14. Procedure
Petition for Writ of Certiorari (petition for review) - a document which a losing party (PETITIONER) files with the Supreme Court asking the Supreme Court to review the decision of a lower court (It includes a list of the parties, a statement of the facts of the case, the legal questions presented for review, and arguments as to why the Court should grant the writ) - over 10,000 petitions filed each year – about 100 granted
=2 options:
A) Writ of Certiorari - decision by the Supreme Court to hear an appeal from a lower court – if granted
brief about the merit of the case must be submitted ,
oral arguments heard,
decisions reached by a majority vote (decisions reached by the end of the courts term)
B) Cert. Denied - abbreviation used in legal citations to indicate that the Supreme Court denied a Petition for Writ of Certiorari in the case being cited.

15. Judicial Review in the United States
no judicial review explicit in the United States Constitution; the doctrine has been inferred from that document
5 of the 13 states had some form of "judicial review" or "judicial veto" in their state Constitutions at the time of 1787's Constitutional Convention
Article III of the United States Constitution – Article on judicial power

16. Judicial Review in the U. S. Marbury v
Judicial Review in the U.S. . Marbury v. Madison (1803); Supreme Court of the U.S. – in this case it was explicitly confirmed that the Supreme Court’s responsibility to overturn unconstituional legislation was a necessary consequence of its sworn duty to uphold the Constitution
William Marbury
James Madison,
State Secretary of the US

17. The Supreme Court of the USA
Read the text and do ex. III – VII on p

18. Vocabulary practice I Translate the following terms into Croatian.
justices –
Chief Justice –
to petition a court –
to exercise discretion –
original jurisdiction –
appelate jurisdiction –
a court of original jurisdiction –
a litigant -
to overturn legislation –
to uphold the Constitution -
judicial review –
to invalidate legislation –
a lawsuit –

19. Vocabulary practice II
Complete the following definitions with appropriate legal terms.
________________ - a party to a lawsuit.
________________ - decision by the Supreme Court to hear an appeal from a lower court.
________________ - the power of a court to hear and enter judgment upon a case brought for review.
________________ - the ability and authority of a court to decide cases based on hearing testimony and viewing evidence, rather than on appeal.
________________ – authority of a court to invalidate legislation or executive actions which, in the Court’ s considered judgment, conflict with the Constitution.
________________- the head of the United States federal court system and the president of the Supreme Court.

20. Vocabulary practice II - Key
Complete the following definitions with appropriate legal terms.
LITIGANT - a party to a lawsuit.
WRIT OF CERTIORARY - decision by the Supreme Court to hear an appeal from a lower court.
APPELATE JURISDICTION - the power of a court to hear and enter judgment upon a case brought for review.
ORIGINAL JURISDICTION - the ability and authority of a court to decide cases based on hearing testimony and viewing evidence, rather than on appeal.
JUDICIAL REVIEW – authority of a court to invalidate legislation or executive actions which, in the Court’ s considered judgment, conflict with the Constitution.
CHIEF JUSTICE- the head of the United States federal court system and the president of the Supreme Court.

21. Translate Article III, Section 1. of the US Constitution into Croatian
The judicial Power shall extend to all Cases, in Law and Equity,
arising under this Constitution, the Laws of the United States, and
Treaties made, or which shall be made, under their Authority; to all
Cases affecting Ambassadors, other public Ministers and Consuls;
to all Cases of admiralty and maritime Jurisdiction; to Controversies
to which the United States shall be a Party; to Controversies
between two or more States; between a State and Citizens of
another State; between Citizens of different States; between
Citizens of the same State claiming Lands under Grants of different
States, and between a State, or the Citizens thereof, and foreign
States, Citizens or Subjects.