Criminal Justice
1. Where does the Supreme Court convene?
2. What kinds of cases does the Supreme Court hear
3. What requirement do the circuit courts have that the Supreme Court
doesn’t have?
4. What is the first step in applying to have a case heard by the Supreme
Court?
5. What happens if the Supreme Court grants a writ of certiorari?
6. Certiorari is usually only granted for what kinds of cases?
7. How many cases that apply to the Supreme Court are actually heard?
8. How many justices are on the Supreme Court?
9. What does the Chief Justice do?
1b. What is judicial review?
2b. Where did the power of judicial review come from?
3b. What situation led to Marbury vs. Madison?
4b. What is a writ of mandamus?
5b. Why did the court rule against Marbury?
6b. Who presided over Marbury vs.. Madison as Chief Justice?
7b. How long was it after Marbury vs. Madison that the Supreme Court
exercised its right of judicial review again?
Answers
✍︎ANSWER✍︎
1 . ᴀ ᴛᴇʀᴍ ᴏғ ᴛʜᴇ sᴜᴘʀᴇᴍᴇ ᴄᴏᴜʀᴛ ʙᴇɢɪɴs, ʙʏ sᴛᴀᴛᴜᴛᴇ, ᴏɴ ᴛʜᴇ ғɪʀsᴛ ᴍᴏɴᴅᴀʏ ɪɴ ᴏᴄᴛᴏʙᴇʀ. ᴜsᴜᴀʟʟʏᴄᴏᴜʀᴛ sᴇssɪᴏɴs ᴄᴏɴᴛɪɴᴜᴇ ᴜɴᴛɪʟ ʟᴀᴛᴇ ᴊᴜɴᴇ ᴏʀ ᴇᴀʀʟʏ ᴊᴜʟʏ.
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2.ᴛʜᴇ ᴜɴɪᴛᴇᴅ sᴛᴀᴛᴇs sᴜᴘʀᴇᴍᴇ ᴄᴏᴜʀᴛ ɪs ᴀ ғᴇᴅᴇʀᴀʟᴄᴏᴜʀᴛ, ᴍᴇᴀɴɪɴɢ ɪɴ ᴘᴀʀᴛ ᴛʜᴀᴛ ɪᴛ ᴄᴀɴ ʜᴇᴀʀ ᴄᴀsᴇsᴘʀᴏsᴇᴄᴜᴛᴇᴅ ʙʏ ᴛʜᴇ ᴜ.s. ɢᴏᴠᴇʀɴᴍᴇɴᴛ. ᴛʜᴇ ᴄᴏᴜʀᴛ ᴄᴀɴ ᴀʟsᴏ ʜᴇᴀʀ ᴊᴜsᴛ ᴀʙᴏᴜᴛ ᴀɴʏ ᴋɪɴᴅ ᴏғ sᴛᴀᴛᴇ-ᴄᴏᴜʀᴛ ᴄᴀsᴇ, ᴀs ʟᴏɴɢ ᴀs ɪᴛ ɪɴᴠᴏʟᴠᴇs ғᴇᴅᴇʀᴀʟ ʟᴀᴡ, ɪɴᴄʟᴜᴅɪɴɢ ᴛʜᴇ ᴄᴏɴsᴛɪᴛᴜᴛɪᴏɴ.
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3. ᴛʜᴇ ᴍᴏsᴛ ᴄᴏᴍᴍᴏɴ ᴡᴀʏ ғᴏʀ ᴀ ᴄᴀsᴇ ᴛᴏ ʀᴇᴀᴄʜ ᴛʜᴇsᴜᴘʀᴇᴍᴇ ᴄᴏᴜʀᴛ ɪs ᴏɴ ᴀᴘᴘᴇᴀʟ ғʀᴏᴍ ᴀ ᴄɪʀᴄᴜɪᴛᴄᴏᴜʀᴛ. ᴀ ᴘᴀʀᴛʏ sᴇᴇᴋɪɴɢ ᴛᴏ ᴀᴘᴘᴇᴀʟ ᴀ ᴅᴇᴄɪsɪᴏɴ ᴏғ ᴀ ᴄɪʀᴄᴜɪᴛ ᴄᴏᴜʀᴛ ᴄᴀɴ ғɪʟᴇ ᴀ ᴘᴇᴛɪᴛɪᴏɴ ᴛᴏ ᴛʜᴇ sᴜᴘʀᴇᴍᴇ ᴄᴏᴜʀᴛ ғᴏʀ ᴀ ᴡʀɪᴛ ᴏғ ᴄᴇʀᴛɪᴏʀᴀʀɪ. ... ɪғ ғᴏᴜʀ ᴊᴜsᴛɪᴄᴇs ᴅᴏ ɴᴏᴛ ᴀɢʀᴇᴇ ᴛᴏ ɢʀᴀɴᴛ ᴄᴇʀᴛɪᴏʀᴀʀɪ, ᴛʜᴇ ᴘᴇᴛɪᴛɪᴏɴ ɪs ᴅᴇɴɪᴇᴅ.
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4. ᴛʜᴇ ᴄᴏᴜʀᴛ ʜᴇᴀʀs ᴄᴀsᴇs ᴛʜᴀᴛ ʜᴀᴠᴇ ʙᴇᴇɴ ᴅᴇᴄɪᴅᴇᴅ ɪɴ ᴇɪᴛʜᴇʀ ᴀɴ ᴀᴘᴘʀᴏᴘʀɪᴀᴛᴇ ᴜ.s. ᴄᴏᴜʀᴛ ᴏғ ᴀᴘᴘᴇᴀʟs ᴏʀ ᴛʜᴇ ʜɪɢʜᴇsᴛ ᴄᴏᴜʀᴛ ɪɴ ᴀ ɢɪᴠᴇɴ sᴛᴀᴛᴇ. ᴛʜᴇ sᴜᴘʀᴇᴍᴇ ᴄᴏᴜʀᴛ ʜᴀs ɪᴛs ᴏᴡɴ sᴇᴛ ᴏғ ʀᴜʟᴇs. ᴀᴄᴄᴏʀᴅɪɴɢ ᴛᴏ ᴛʜᴇsᴇ ʀᴜʟᴇs, ғᴏᴜʀ ᴏғ ᴛʜᴇ ɴɪɴᴇ ᴊᴜsᴛɪᴄᴇs ᴍᴜsᴛ ᴠᴏᴛᴇ ᴛᴏ ᴀᴄᴄᴇᴘᴛ ᴀ ᴄᴀsᴇ.
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5. ɪɴ ɢʀᴀɴᴛɪɴɢ ᴀ ᴡʀɪᴛ ᴏғ ᴄᴇʀᴛɪᴏʀᴀʀɪ ᴛʜᴇ sᴜᴘᴇʀɪᴏʀ ᴄᴏᴜʀᴛ ᴅᴏᴇs ɴᴏᴛ ᴇxᴇʀᴄɪsᴇ ᴛʜᴇ ᴘᴏᴡᴇʀs ᴏғ ᴀɴ ᴀᴘᴘᴇʟʟᴀᴛᴇ ᴛʀɪʙᴜɴᴀʟ. ... ɪᴛ ᴅᴇᴍᴏʟɪsʜᴇs ᴛʜᴇ ᴏʀᴅᴇʀ ᴡʜɪᴄʜ ɪᴛ ᴄᴏɴsɪᴅᴇʀs ᴛᴏ ʙᴇ ᴡɪᴛʜᴏᴜᴛ ᴊᴜʀɪsᴅɪᴄᴛɪᴏɴ ᴏʀ ᴘᴀʟᴘᴀʙʟʏ ᴇʀʀᴏɴᴇᴏᴜs ʙᴜᴛ ᴅᴏᴇs ɴᴏᴛ sᴜʙsᴛɪᴛᴜᴛᴇ ɪᴛs ᴏᴡɴ ᴠɪᴇᴡs ғᴏʀ ᴛʜᴏsᴇ ᴏғ ᴛʜᴇ ɪɴғᴇʀɪᴏʀ ᴛʀɪʙᴜɴᴀʟ.
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6. ᴛʜᴇ ᴡʀɪᴛ ɪs ᴜsᴜᴀʟʟʏ ɢʀᴀɴᴛᴇᴅ ᴏɴʟʏ ᴡʜᴇɴ ᴛʜᴇʀᴇ ᴀʀᴇ ɪᴍᴘᴏʀᴛᴀɴᴛ ǫᴜᴇsᴛɪᴏɴs ᴏғ ʟᴀᴡ ᴛʜᴀᴛ ɴᴇᴇᴅ ᴛᴏ ʙᴇ ᴀᴅᴅʀᴇssᴇᴅ; ɪᴛ ɪs ʀᴀʀᴇʟʏ ᴜsᴇᴅ ᴡʜᴇɴ ᴛʜᴇ ᴘᴇᴛɪᴛɪᴏɴ ᴀʟʟᴇɢᴇs ᴇʀʀᴏʀs ɪɴ ᴛʜᴇ ғɪɴᴅɪɴɢs ᴏғ ғᴀᴄᴛ.
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7. ᴛʜᴇ sᴜᴘʀᴇᴍᴇ ᴄᴏᴜʀᴛ ᴀɢʀᴇᴇs ᴛᴏ ʜᴇᴀʀ ᴀʙᴏᴜᴛ 100-150 ᴏғ ᴛʜᴇ ᴍᴏʀᴇ ᴛʜᴀɴ 7,000 ᴄᴀsᴇs ᴛʜᴀᴛ ɪᴛ ɪs ᴀsᴋᴇᴅ ᴛᴏ ʀᴇᴠɪᴇᴡ ᴇᴀᴄʜ ʏᴇᴀʀ.
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8. ɴɪɴᴇ ᴊᴜsᴛɪᴄᴇs
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9. ᴀs ʜᴇᴀᴅ ᴏғ ᴛʜᴇ sᴜᴘʀᴇᴍᴇ ᴄᴏᴜʀᴛ, ᴛʜᴇ ᴄʜɪᴇғ ᴊᴜsᴛɪᴄᴇ ɪs ʀᴇsᴘᴏɴsɪʙʟᴇ ғᴏʀ ᴛʜᴇ ᴀʟʟᴏᴄᴀᴛɪᴏɴ ᴏғ ᴄᴀsᴇs ᴀɴᴅ ᴀᴘᴘᴏɪɴᴛᴍᴇɴᴛ ᴏғ ᴄᴏɴsᴛɪᴛᴜᴛɪᴏɴᴀʟ ʙᴇɴᴄʜᴇs ᴡʜɪᴄʜ ᴅᴇᴀʟ ᴡɪᴛʜ ɪᴍᴘᴏʀᴛᴀɴᴛ ᴍᴀᴛᴛᴇʀs ᴏғ ʟᴀᴡ.
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Answer 1 :-
A term of the supreme court begins,by statue, on the first Monday in October. Usually court sessions continue until late June or early July.
Answer 2:-
The United States Supreme court is a federal court, meaning in part that it can hear cases produced by the US. government. The court can also hear just about any kind of state- Court case, as long as it involves federal law, including the Constitution.
Answer 3:-
The most common way for a case to reach the supreme Court is on appeal from a circuit Court. A party seeking to appeal A decision of a circuit Court can file a petition to the supreme Court for writ of certiorari. If four justices do not agree to grant certiorari, the petition is denied.
Answer 4:-
The Court hears cases that have been decided in either an appropriate U.S. Court of Appeals or the highest Court in a given state. The Supreme Court has its own set of rules. According to these rules, four of the nine Justices must vote to accept a case.
Answer 5:-
In granting a writ of certiorari the superior Court does not exercise the powers of an appellate Tribunal. It demolishes the order which it considers to be without jurisdiction or palpably erroneous but does not substitute its own views for those of the inferior Tribunal.
Answer 6:-
The writ usually granted only when there are important questions of law that need to be addressed; it is rarely used when the petition alleges errors in the findings of fact.
Answer 7:-
The supreme Court agrees to hear about 100-150 of the more than 7,000 cases that it is asked to review each year.
Answer 8:-
Nine justices
Answer 9:-
The chief justice is appointed by the president with the advice and consent of the Senate and has life tenure. His primary functions are to preside over the Supreme Court in its public sessions when the court is hearing arguments and during its private conferences when it is discussing and deciding cases.
1.) Judicial review is the process by which the court declares any law which goes against the constitution as void.
2.) Judicial Review, was established by the landmark decision in Marbury v. Madison, 1803. No law or action can contradict the U.S. Constitution, which is the supreme law of the land.
3.) In late 1801, after Madison had repeatedly refused to deliver his commission, Marbury filed a lawsuit in the Supreme Court asking the Court to issue a writ of mandamus forcing Madison to deliver his commission.
4.)Writ of mandamus:-
- Mandamus is a Latin word, which means "We Command".
- Mandamus is an order from a superior court to a lower court or tribunal or public authority to perform an act, which falls within its duty.
- Simply, it is a writ issued to a public official to do a thing which is a part of his official duty, but, which, he has failed to do, so far. This writ cannot be claimed as a matter of right. It is the discretionary power of a court to issue such writs.
5.) he U.S. Supreme Court held that it could not order the surrender of the commission because the law that would have empowered it to do so was unconstitutional.
6.) Chief Justice John Marshall
7.) Marbury was the point at which the Supreme Court adopted a monitoring role over government actions. After the Court exercised its power of judicial review in Marbury, it avoided striking down a federal statute during the next fifty years. The court would not do so again until Dred Scott v. Sandford, 60 U.S. (19 How.)