The Supreme Court Is The Highest Of All Courts - 969 Words

The Supreme Court is the highest of all courts and is provided with the authority to decide whether or not state, federal, and local governments are acting within the law. The judicial branches authority is stated in United States Constitution Article III, which outlines the Supreme Courts appellate and original jurisdiction and congressional limitations for those accused of treason (Ushistory.org, 2015, p. 9a) However, judicial review to interpret the Constitution and strike down the actions of the legislative and executive branches is not noted in the Constitution. Instead, judicial review came about in the case of Marbury v. Madison in 1803 when Chief Justice John Marshall pointed out that it was necessary for the Supreme Court to have the power to determine what the law is and overturn unconstitutional legislation and executive actions instead of through political bargaining (Hass, 2016). Since Marbury v. Madison, the Supreme Court has expanded its power of review as the final wo rd to interpret controversial issues to make sure they coincide with the constitution as the supreme law of the land. Nevertheless, the case of Marbury v. Madison ensued after President Adams left office, but before doing so, he appointed several judges in a power struggle between the Federalists and Non-federalists (Ushistory.org, 2015). Adams was able to do this because Article II of the Constitution provides the President the opportunity to appoint judges to preside for life as approved byShow MoreRelated Courts Essay1059 Words   |  5 Pages The jurisdiction of the federal courts is defined in Article III, Section 2, of the Constitution, as extending in law and equity to all cases arising under the Constitution and federal legislation; to controversies to which the U.S. shall be a party, including those arising from treaties with other governments; to admiralty and maritime cases; to controversies between states; to controversies between a state, or its citizens, and foreign g overnments or their subjects; and to controversies betweenRead MoreContrasts and Comparisons Between State and Federal Court Systems773 Words   |  4 Pagestheir own court systems. Therefore, while the Constitution states that the federal government is supreme with regard to those powers delegated to it, the states remain supreme in matters reserved to them. Both the federal and state governments need their own court systems to apply and interpret their laws which are done by specifically spelling out the jurisdiction of their respective court systems. U.S. District Courts, U.S. Circuit Courts of Appeal, and the U.S. Supreme Court are all one typeRead MoreThe Canadian Criminal Justice System1219 Words   |  5 Pagesconsists of policing, courts, corrections and parole. The component of the Canadian Criminal Justice System that will be discussed is about the process and function of the courts. The criminal courts are responsible for determining the guilt or innocence of the person that is accused (Griffiths, 2015, p.147). As well as the courts are supposed to conclude the appropriate sentence while protecting their rights of the accused. The outcome that comes from the criminal courts is that the judgementRead MoreProposed Court System For Puerto Rico982 Words   |  4 PagesProposed Court System for Puerto Rico The justice system is a deep one and has its roots fixed on the judicial branch of most governments. The judicial branch is bestowed with the function of interpreting the law. This function is bestowed in it by most constitutions of most countries. The reason behind this is to uphold the doctrine of separation of powers and to also ensure that everyone gets a fair trial where he or she gets a chance to be heard according to the rules and laws of formal justiceRead MoreAmerican Courts And Substantive Law1343 Words   |  6 PagesAmerican courts and substantive law? We have learned that there are many parts of the American courts. Each court has its own responsibility, in this paper I will specify all of the responsibilities and the courts, state and federal, I will also identify the difference between them for better understanding. Furthermore I will continue to go into detail and state what I have learned about American courts and substantive law. There are four main federal courts in America; The United states Supreme CourtRead MoreAustralian Court Hierarchy1552 Words   |  7 PagesThe term Court Hierarchy is a very important word in the law world in modern society. Its definition gives a very clear and concise meaning to the law industry. The phrase can be split into two words to be easily dealt and understood. The word court is from a Greek derivative cohors or cohort meaning courtyard or retinue. Its definition from the dictionary certainly portrays the law as a very important and distinguished practice. a. A person or body of persons whose task is to hear andRead MoreThe United States Federal Courts1306 Words   |  6 PagesUnited States Federal Courts of today, are vastly different from what they were when our country was first beginning. The courts of the federal system today, are designed in a hierarchical manner, with the United States Supreme Court sitting as the highest court in the land, and as the court of las t appeal (Neubauer Fradella, 2008). While there are several different courts, which make up the federal system, there are laid out in a way that allows for an avenue of appeals for a courts decisions. TheseRead MoreWhat Is The Supreme Court Website1021 Words   |  5 Pages Kent College of Law United States Supreme Court Website referred to as â€Å"Oyez† provides information about the United States Supreme Court. The â€Å"Oyez† website is a free law project from Cornell’s Legal Information Institute , Chicago-Kent College of Law and Justia.com, is a multimedia website devoted to making the Supreme Court of the United States accessible to everyone (Oyez, 2017). The â€Å"Oyez† project offers transcripts that are organized and searchable audio, plain English case summaries, illustratedRead MoreStructure of the Federal Court System1320 Words   |  6 Pagesthe states or to the people as individuals. It is, in its own words, â€Å"the supreme Law of the Land† (Shmoop Editorial Team). The first proposals to this new plan were the Virginia Plan and the New Jersey Plan. The Virginia Plan called for a separation of powers among the government’s three branches: executive, legislative, and judicial. Some states proposed this idea and came up with the New Jersey Plan, which called for all of the states to have equal representation from Congress. In order to moveRead MoreShould The Language Of The Constitution Be Applied?1135 Words   |  5 Pagesare the supreme law of the land, if this didn’t exist then states would have more power over the federal government. 1 Describe the difference between the state limited-jurisdiction courts and general jurisdiction courts.   Ã‚  Ã‚   Limited jurisdiction courts only have jurisdiction in specific in only well-defined areas of law. General jurisdiction courts have general jurisdiction over all subject matters within their local jurisdiction. 2 What are the functions of the state intermediate courts and the