The Supreme Court has the power and duty to interpret laws and decide what the law means. If two laws conflict, the Supreme Court must determine how each should be applied. The Supreme Court is the highest court and its rulings are final. It has the power to declare laws and acts unconstitutional.
In common law legal systems, a precedent or authority is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common law legal systems place great value on deciding cases according to consistent principled rules so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. Black's Law Dictionary defines "precedent" as a "rule of law established for the first time by a court for a particular type of case and thereafter referred to in deciding similar cases."[1] Common law precedent is a third kind of law, on equal footing with statutory law (statutes and codes enacted by legislative bodies), and Delegated legislation (in U.K. parlance) or regulatory law (in U.S. parlance) (regulations promulgated by executive branch agencies).
Top of FormWEEK 5 SUPREME COURT Lesson Lesson 5 Th.docxedwardmarivel
Top of Form
WEEK 5: SUPREME COURT
Lesson
Lesson 5: The Supreme Court
"A law embodies beliefs that have triumphed in the battle of ideas.”
-Justice Oliver Wendell Holmes
Expected Outcomes
To understand the evolution of the Supreme Court in relation to the other branches of power; to appreciate the difference between the “original intent” and “judicial activist” philosophies; and to critically evaluate the political and cultural importance of major Supreme Court decisions.
Overview
I. The Legal Framework
Most American laws are based on the English legal system. The body of judge-made law is referred to as common law. The U.S. Constitution, State Constitutions and statutes - laws passed by Congress or State Legislatures - are sources upon which American law is founded. Common law countries around the world include: United States; Britain, Australia, Canada, India, and New Zealand.
The United States utilizes a dual court system which is comprised of both State and Federal Courts. The rules and principles which are the basis of court decisions are referred to as Case Law. Case law has bearing on future cases that involve similar facts and constitutional issues. The case law or court rule from previous cases establishes the precedents on which future cases will be relied upon in the decision making process. The doctrine of stare decisis means to stand on the decided cases.
A courts authority to hear and decide cases refers to the jurisdiction of the court. According to the Constitution, the accused must receive a fair trial in the jurisdiction in which the crime was committed. Federal Courts have jurisdiction when there is a federal question in the case, when there is diversity of citizenship involved in the case (meaning citizens from different states), and when there are two or more different states or state boundaries involved. When a case is to be heard in Federal Court, courts with limited jurisdiction include Tax and Bankruptcy Courts. These are examples of courts that deal with very specialized issues that do not deal with constitutional issues, but other federal issues.
II. The Judicial Powers
According to Article III of the Constitution, the judicial power of the United States would be vested in one Supreme Court. The actual authority of the Supreme Court was described as:
· “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, Citizen ...
In common law legal systems, a precedent or authority is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common law legal systems place great value on deciding cases according to consistent principled rules so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. Black's Law Dictionary defines "precedent" as a "rule of law established for the first time by a court for a particular type of case and thereafter referred to in deciding similar cases."[1] Common law precedent is a third kind of law, on equal footing with statutory law (statutes and codes enacted by legislative bodies), and Delegated legislation (in U.K. parlance) or regulatory law (in U.S. parlance) (regulations promulgated by executive branch agencies).
Top of FormWEEK 5 SUPREME COURT Lesson Lesson 5 Th.docxedwardmarivel
Top of Form
WEEK 5: SUPREME COURT
Lesson
Lesson 5: The Supreme Court
"A law embodies beliefs that have triumphed in the battle of ideas.”
-Justice Oliver Wendell Holmes
Expected Outcomes
To understand the evolution of the Supreme Court in relation to the other branches of power; to appreciate the difference between the “original intent” and “judicial activist” philosophies; and to critically evaluate the political and cultural importance of major Supreme Court decisions.
Overview
I. The Legal Framework
Most American laws are based on the English legal system. The body of judge-made law is referred to as common law. The U.S. Constitution, State Constitutions and statutes - laws passed by Congress or State Legislatures - are sources upon which American law is founded. Common law countries around the world include: United States; Britain, Australia, Canada, India, and New Zealand.
The United States utilizes a dual court system which is comprised of both State and Federal Courts. The rules and principles which are the basis of court decisions are referred to as Case Law. Case law has bearing on future cases that involve similar facts and constitutional issues. The case law or court rule from previous cases establishes the precedents on which future cases will be relied upon in the decision making process. The doctrine of stare decisis means to stand on the decided cases.
A courts authority to hear and decide cases refers to the jurisdiction of the court. According to the Constitution, the accused must receive a fair trial in the jurisdiction in which the crime was committed. Federal Courts have jurisdiction when there is a federal question in the case, when there is diversity of citizenship involved in the case (meaning citizens from different states), and when there are two or more different states or state boundaries involved. When a case is to be heard in Federal Court, courts with limited jurisdiction include Tax and Bankruptcy Courts. These are examples of courts that deal with very specialized issues that do not deal with constitutional issues, but other federal issues.
II. The Judicial Powers
According to Article III of the Constitution, the judicial power of the United States would be vested in one Supreme Court. The actual authority of the Supreme Court was described as:
· “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, Citizen ...
Where does a judge find the rules? The judicial imagination is not sufficient authority, even though some judicial decisions seem to suggest otherwise. There are several sources of the law, the primary ones being the Constitution, legislation, and prior judicial decisions. This last is the subject matter of this session.
EDLD804 Constitutional Law Chapter 1 PresentationPaul Gruhn
As a part of the EDLD808 Law in Education course at University of Bridgeport, each student was required to present on a chapter in Alexander, Kern, & Alexander (2011) Educational Law textbook. I did chapter one. This is the presentation,
1. “It is emphatically the province and duty of the judicial department
to say what the law is…If two laws conflict with each other; the
courts must decide on the operation of each”
4. The authority of a court to hear
(to try and decide) a case
Federal courts hear cases for two reasons:
• Subject Matter
Application of the U.S. Constitution
• Parties Involved
State v. State
Citizen v. State
5. Types of Jurisdiction
Exclusive Jurisdiction
Those cases that can only be heard in the
federal courts
Concurrent Jurisdiction
States and Federal Courts share power to
hear cases
Original Jurisdiction
A court in which a case is first heard
Appellate Jurisdiction
A court that hears a case on appeal from a
lower court
6.
7.
8. Define Federalism
Power is split between the Federal government
and state governments.
Applying federalism to court jurisdiction
All cases not heard by Federal Courts are in the
jurisdiction of State Courts…
10. Why do you
What does think it might
Highest rank
the word be important
and authority;
“Supreme” to have a
ultimate, final
mean? “Supreme”
Court?
11. Chief Justice and eight
associate judges
Nominated and appointed by
President, with Senate
approval.
Concepts of judicial activism
and judicial restrain affect the
judicial selection process
12.
13. Maintain their neutrality
Protect
the rights of people to express
unpopular views
Promote consistent interpretations of laws
14. Supreme Court Justices can retire:
• At age 70
Must have served 10 years to receive full
salary for life
• At age 65
Must have served 15 years to receive full
salary for life
Chief Justice Associate
$217,400 Justices
per year $208,100
15. Vary in their political and legal philosophies...
Judicial Activism Judicial Restraint
Loosely interpret and Follow a strict
apply the interpretation of the
Constitution based Constitution
on ongoing changes Believe judges should
and values. also follow precedent
17. Both original and appellate jurisdiction
• Most cases come on appeal from the lower courts.
Original jurisdiction exists when:
1. There are controversies involved 2+ states
2. The case involves ambassadors or other public ministers
Marbury v. Madison
• Supreme court case that established
power of judicial review
18. Supreme Court has the power to decide
the constitutionality of:
• State and federal legislation
• Actions of chief executives
• Decisions of other courts
Inother words, the Supreme Court has the
final authority on the meaning of the
Constitution
They have the POWER to declare acts
and laws unconstitutional
19. *Rule of Four: At least 4 of 9 justices must agree to hear a case in the S.C.
Editor's Notes
Lowest LevelExample: Bucks County Courthouse AppealsExample: PA Court of AppealsState Supreme CourtExample: PA Supreme Court
Supreme Court JusticesPresident nominates and appoints with approval of Congress Concepts of judicial activism and judicial restraint affect the judicial selection process
Current (2009) salary for the Chief Justice is $217,400 per year, while the Associate Justices each make $208,100
Judicial Restraint Follow a strict interpretation of the ConstitutionBelieve judges should also follow precedent Judicial Activism Loosely interpret the Constitution Argue law should be interpreted and applied in the light of ongoing changes in conditions and valuesResults in the expansion of judicial powers