Though judiciary was established by the Constitution as a separate and independent branch of the federal government, Congress has the power to determine the number and types of lower federal courts. All federal judges are nominated and appointed to office by the president, subject to confirmation by majority vote in the Senate. The Constitution places no age, residency, or citizenship requirements on the office of federal judge.
The Supreme Court of the United States is the nation’s highest court. It has nine members - the chief justice and eight associate justices. The Article III of the Constitution grants the Supreme Court both original and appellate jurisdiction. A court’s jurisdiction is its authority to hear cases of a particular type. Original jurisdiction is the authority to be the first court to hear a case. Appellate jurisdiction is the authority to review cases that have already been heard in lower courts and are appealed to a higher court by the losing party.
The Supreme Court’s power is most apparent when it declares another institution’s action to be unconstitutional. This power called judicial review was first demonstrated in Marbury v. Madison when the Court rebuked both Congress and the President. The Supreme Court’s primary responsibility is to establish legal precedents that will guide the decisions of lower courts. Precedent is a judicial decision that serves as a rule for settling subsequent cases of a similar nature. If at least four of the justices agree to hear a lower-court’s case, the Supreme Court will issue a writ of certiorari, a request to the lower court to submit to the Supreme Court a record of the case.
The Supreme Court of the United States is the nation’s highest court. It has nine members - the chief justice and eight associate justices. The Article III of the Constitution grants the Supreme Court both original and appellate jurisdiction. A court’s jurisdiction is its authority to hear cases of a particular type. Original jurisdiction is the authority to be the first court to hear a case. Appellate jurisdiction is the authority to review cases that have already been heard in lower courts and are appealed to a higher court by the losing party.
The Supreme Court’s power is most apparent when it declares another institution’s action to be unconstitutional. This power called judicial review was first demonstrated in Marbury v. Madison when the Court rebuked both Congress and the President. The Supreme Court’s primary responsibility is to establish legal precedents that will guide the decisions of lower courts. Precedent is a judicial decision that serves as a rule for settling subsequent cases of a similar nature. If at least four of the justices agree to hear a lower-court’s case, the Supreme Court will issue a writ of certiorari, a request to the lower court to submit to the Supreme Court a record of the case.
During a Supreme Court hearing, the attorneys for the two sides present their oral arguments, which typically are limited to thirty nine minutes for each side. Each side has to provide the Court a written brief, which contains its full argument. The oral session is followed by the judicial conference, which is attended only by the nine justices and in which they discuss and vote on the case.
After a case has been decided, the Court will issue its ruling with a decision and one or more opinions. The decision indicates which party the Court supports and by how large a margin. The opinion explains the legal basis for the decision. When the majority of the justices agree on the legal basis of a decision, the result is a majority opinion. In the cases where there is no majority opinion because the decision is agreed upon but not the legal basis for it, it’s called a plurality opinion. A concurring opinion is a separate view written by a justice who votes with the majority but disagrees with its reasoning. A dissenting opinion is when a justice or justices on the losing side explains the reasons for disagreeing with the majority position.
After a case has been decided, the Court will issue its ruling with a decision and one or more opinions. The decision indicates which party the Court supports and by how large a margin. The opinion explains the legal basis for the decision. When the majority of the justices agree on the legal basis of a decision, the result is a majority opinion. In the cases where there is no majority opinion because the decision is agreed upon but not the legal basis for it, it’s called a plurality opinion. A concurring opinion is a separate view written by a justice who votes with the majority but disagrees with its reasoning. A dissenting opinion is when a justice or justices on the losing side explains the reasons for disagreeing with the majority position.
Below the Supreme Court, the lowest federal courts are the district courts. There are ninety-four federal district courts with roughly seven hundred judges in total. All criminal and civil cases under federal law are argued first in the district courts. They are the only courts in the federal system where two sides present their case to a jury for a verdict.
Cases appealed from district courts then go to federal courts of appeals. Appellate courts do not use juries and base their decision on a review of the lower court’s records. Appellate judges review trial court decisions and correct what they consider to be legal errors.
Cases appealed from district courts then go to federal courts of appeals. Appellate courts do not use juries and base their decision on a review of the lower court’s records. Appellate judges review trial court decisions and correct what they consider to be legal errors.