2 Jurisdiction UNIT 5 THE JUDICIAL BRANCH Jurisdiction

2. Jurisdiction UNIT 5: THE JUDICIAL BRANCH

Jurisdiction • The Supreme Court has both original and appellate jurisdiction. – Original jurisdiction: The Supreme Court has the authority to hear major cases concerning the United States and its government. – Appellate jurisdiction: The Supreme Court can hear cases of appeal through a writ of certiorari.

Jurisdiction • Writ of Certiorari: a written order from the Supreme Court to a lower court to send records. – Lawyers from either side of a case can petition for this writ, however they must argue that the lower court made a legal error, or raise a serious constitutional issue.

Jurisdiction • Cases of appeal can make their way to the Supreme Court from lower courts if they rule a law unconstitutional, or if there is a discrepancy in constitutionality on the state and federal levels.

Selecting Cases • The Supreme Court selects cases by using the Rule of Four. – Four of the nine members of the Court must agree that the case should be heard. – The Court can also ask for more information or issue a per curiam opinion as the Court.

Selecting Cases • When the Court asks for more information… – …each side will submit a brief. – Briefs can also be written by someone not involved by influential. This is called an amicus curiae, a “friend of the court” brief.

Selecting Cases • After briefs are read, oral arguments are presented. • The Court makes its decision in conference where they can debate.

Opinions • The Court will issue an Opinion once it has reached a decision. – Unanimous: The whole Court feels the same about the case for the same reasons. – Majority: The majority of the Court feels the same about the case for the same reasons. • Concurring: Member(s) of the Court agree on the ruling but for different reasons. – Dissenting: Member(s) of the Court oppose the majority ruling.