How Can the Supreme Court Justice Preside Over a Hearing With No Witnesses?
The U.South. Supreme Court
The Supreme Court of the United States in Washington, D.C. is the highest courtroom in the nation. It is as well the just federal courtroom named specifically in the Constitution, which states that,
"The judicial power of the United States shall be vested in one Supreme Court."
Beyond that, all the same, the Constitution tells the states piddling about the make-up or organization of the court; information technology gives no qualifications for holding seats on the courtroom, and doesn't institute how many justices will exist on the court.
The Judiciary Deed of 1789 set the size of the courtroom at half dozen; one Chief Justice and five Associate Justices. Over time, the court grew to every bit big as x Justices. With the Judiciary Human activity of 1869, Congress decreased the number to nine, a number which has remained constant to this day.
Granting Certiorari
The Supreme Court receives about 10,000 petitions a year. The Justices utilise the "Rule of 4" to decide if they will take the case. If four of the ix Justices feel the instance has value, they volition issue a writ of certiorari. This is a legal social club from the loftier court for the lower court to ship the records of the case to them for review. When all is said and done the Supreme Court volition hear most 75-85 cases a year. This tells us that most petitions are denied.
The majority of the Supreme Courtroom's cases today are heard on appeal from the lower courts. These cases usually come from the federal courts of entreatment, only the Court does sometimes hear appeals from the state Supreme Courts as well.
The Justices of the Supreme Court are nigh likely to have cases that volition affect the entire state, not just the individuals involved. They want to clarify legal problems that are important to every bit many people every bit possible, so they take cases that will have a large constitutional impact, or that respond of import legal questions that affect the whole nation.
Examples include questions similar;
"Can kids pray in school?"
"Can yous fire a flag at an anti-regime rally?"
Justices will as well take a case when the lower courts cannot agree on how to interpret the law involved, or in which different lower courts have interpreted the law differently. When the lower courts make up one's mind cases differently, information technology can lead to confusion.
As the "court of last resort," the Supreme Court tin and does brand decisions that all the courts must follow. This is chosen establishing a precedent; a legal case which volition be followed in all similar cases in the future.
By taking a case that involves an issue that has led to differing opinions in the lower courts, the Supreme Court creates a precedent that every court in the country has to follow. This guarantees that the laws are practical equally to all people, no affair where they live.
The Supreme Courtroom simply takes cases from state courts when the appeal involves the U.S. Constitution. Thus, the person making the appeal must show that his or her rights, under the Bill of Rights, were denied by the state, or that some error was made in the court that affected their due procedure rights. Because of these restrictions, most of the Supreme Court's cases come from the lower federal courts and not from state courts.
The U.S. Supreme Court
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Source: https://judiciallearningcenter.org/the-us-supreme-court/
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