Lower courts are obligated to follow the precedent set by the Supreme Court when rendering decisions. In almost all instances, the Supreme Court does not hear appeals as a matter of right; instead, parties must petition the Court for a writ of certiorari. It is the Court's custom and practice to "grant cert" if four of the nine Justices decide that they should hear the case.
Of the approximately 7, requests for certiorari filed each year, the Court usually grants cert to fewer than These are typically cases that the Court considers sufficiently important to require their review; a common example is the occasion when two or more of the federal courts of appeals have ruled differently on the same question of federal law.
If the Court grants certiorari, Justices accept legal briefs from the parties to the case, as well as from amicus curiae, or "friends of the court. Before issuing a ruling, the Supreme Court usually hears oral arguments, where the various parties to the suit present their arguments and the Justices ask them questions. If the case involves the federal government, the Solicitor General of the United States presents arguments on behalf of the United States.
The Justices then hold private conferences, make their decision, and often after a period of several months issue the Court's opinion, along with any dissenting arguments that may have been written.
The Fourth, Fifth, and Sixth Amendments to the Constitution provide additional protections for those accused of a crime. These include:. Criminal proceedings can be conducted under either state or federal law, depending on the nature and extent of the crime. A criminal legal procedure typically begins with an arrest by a law enforcement officer. If a grand jury chooses to deliver an indictment, the accused will appear before a judge and be formally charged with a crime, at which time he or she may enter a plea.
The defendant is given time to review all the evidence in the case and to build a legal argument. Then, the case is brought to trial and decided by a jury. If the defendant is determined to be not guilty of the crime, the charges are dismissed.
Otherwise, the judge determines the sentence, which can include prison time, a fine, or even execution. Civil cases are similar to criminal ones, but instead of arbitrating between the state and a person or organization, they deal with disputes between individuals or organizations.
If a party believes that it has been wronged, it can file suit in civil court to attempt to have that wrong remedied through an order to cease and desist, alter behavior, or award monetary damages.
After the suit is filed and evidence is gathered and presented by both sides, a trial proceeds as in a criminal case. If the parties involved waive their right to a jury trial, the case can be decided by a judge; otherwise, the case is decided and damages awarded by a jury. After a criminal or civil case is tried, it may be appealed to a higher court — a federal court of appeals or state appellate court.
The appointment of judges to lower federal courts is important because almost all federal cases end there. Judges may time their departures so that their replacements are appointed by a president who shares their views. For example, Supreme Court Justice Souter retired in and Justice Stevens in , enabling President Obama to nominate — and the Democratic controlled Senate to confirm — their successors.
A recess appointment is the appointment, by the President of the United States, of a senior federal official while the U. Senate is in recess. To remain in effect a recess appointment must be approved by the Senate by the end of the next session of Congress, or the position becomes vacant again; in current practice this means that a recess appointment must be approved by roughly the end of the next calendar year. Chief Justice Roberts : John G. Roberts, Jr. Federal judges, such as Supreme Court Justices, must be nominated.
In nominating Supreme Court justices, presidents seek to satisfy their political, policy and personal goals. They do not always succeed, as justices sometimes change their views over time or may surprise the president from the start. Nominations go to the Senate Judiciary Committee, which usually holds hearings.
If it reaches the floor, senators then can vote to confirm or reject the nomination, or filibuster so that a vote is delayed or does not take place. Fewer than half of recent nominees to the federal appeals courts have been confirmed. To be appointed as a federal judge, nominees must be confirmed by the Senate after being interviewed by a Committee. Federal judicial appointments must go through a confirmation process before they are approved. During this process, a committee called the Senate Judiciary Committee conducts hearings, questioning nominees to determine their suitability.
At the close of confirmation hearings, the Committee votes on whether the nomination should go to the full Senate with a positive, negative, or neutral report. The Senate Judiciary Committee personally interviews nominees, a practice that is relatively recent and began in The modern practice of the Committee questioning every nominee on their judicial views began with the nomination of John Marshall Harlan II in The nomination came shortly after the Court handed down the landmark Brown v.
Dissatisfied parties petition the Court for review Parties may appeal their case to the Supreme Court, petitioning the Court to review the decision of the lower court.
Justices study documents The Justices examine the petition and supporting materials. Justices vote Four Justices must vote in favor for a case to be granted review. Parties make arguments The Justices review the briefs written arguments and hear oral arguments. In oral arguments, each side usually has 30 minutes to present its case. The Justices typically ask many questions during this time.
Justices write opinions The Justices vote on the case and write their opinions. Justices who disagree with the majority opinion write dissenting or minority opinions.
The Court issues its decision Justices may change their vote after reading first drafts of the opinions. All cases are heard and decided before summer recess.
It can take up to nine months to announce a decision. The Court receives 7,, requests for review and grants for oral argument. Other requests are granted and decided without argument. Ask a real person any government-related question for free. They'll get you the answer or let you know where to find it. American Flag Branches of the U. Government Budget of the U. Government Data and Statistics About the U. Presidents, Vice Presidents, and First Ladies. How the U.
0コメント