U.S Supreme Court Response.

Nov 1, 2021 | 0 comments

Nov 1, 2021 | Essays | 0 comments

Jurisdiction is the legal ability for a case to be heard (U.S Courts. n.d). The U.S Supreme court has cases that are tried before the court such as cases involving two or more states, cases that involve people in high government positions such as ministers. This means that according to the constitution the Supreme Court is the first and the only court to hear such a case (original jurisdiction) (Neubauer and Meinhold, 2012). The court can also hear appealed cases or review cases that involve constitutional matters and federal laws, these include treaties involved cases. However for the appealed cases, the court does not have to hear all the cases.
*Justiciability – *this is the limitation up on which a court can exercise its authority on the judiciary concerning legal issues.
*Standing – *this is the legal right to file a lawsuit.
*Ripeness – *it is the right timing of the court to make a decision up on a case
*Mootness* – it is the state in which a case can not be decided by the court because it is too late to do so. Either the case has been resolved outside the court or the law revolving the case has been changed.
*The Supreme Court Process*
Once a case has been petitioned to the U.S Supreme Court to hear it, and the court accepts, the records of the case are sent from the lower court for review. The Court only accepts a case if it is of any national significance and precedential value. The Supreme Court has nine justices and for a case to be grant a stay, five judges should vote for it. Every justice have three to four clerks and their duties are to assist the justice in legal research, prepare questions for justices during the oral arguments ,write a memorandum about the petitioned cases and the justice gives the memo of recommendations to the justices during a conference (Neubauer and Meinhold, 2012).
When the case is accepted by the judges the petitioners and the respondent are given time to file a brief concerning the issue. Groups that don’t influence the Court decisions on the case directly known as the amicus curia (friend of the court) are given permission by the justices to provide a brief recommendation on how the case should be conducted and decided.(U.S Courts, n.d).
The U.S Supreme Court is normally in recess from late June to or early July up to the 1st Monday in October. Oral arguments are heard from October to April. The public is allowed to attend the case’s oral arguments. The justices use this platform to ask questions to the lawyers of each party. The lawyers are also given time to make their legal cases to the justices. After the conclusion of the oral argument the justices make a decision at the justices’ conference. The courts’ opinion and decision is given on a set date by the chief justice (U.S Courts, n.d).
Neubauer, D., & Meinhold, S. (2012). *Judicial process* (6th Ed.). Wordsworth Publishing.
U.S Courts. Supreme Court Procedures. Retrieved from www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/supreme-1