The United State’s Constitution helped establish the judicial system under Article III with three sections going over the judicial powers, trial by jury and original jurisdiction and jury trials, and treason. The courts are structured and function by the use of the constitution. Danielle Finck tells us that “The judiciary, established in Article III of the Constitution, is the least well-defined of the three branches of government. Article III speaks of judicial power that is vested in a Supreme Court and of the power of the Court to hear cases arising under the Constitution of the United States” (139). The judicial system uses the court to show its power in the government and the policies made. The judicial branch has established state and
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The court does have some limits on its power. Original jurisdiction is when the Supreme Court reviews it first. The number of this type is a smaller compared to the appeals from the various lower courts. The routes to get there from appeals courts would be through rights of appeal, in forma pauperis petition, certification, and writ of certiorari. The rights of appeals is when a lower court bring a hearing up to a higher court for a rehearing of the case and this is mostly used by the court of appeals. The word forma pauperis petition is Latin and used when someone does not have the funds for court and are petitioning for the waiving of the cost. The use of certification in appeal cases is when a lower court ask the Supreme Court for help in a cases The most used is the writ of certiorari which the Supreme Court has agreed to hear the case that is being appealed and the court uses this when picking cases and only need four judges to want to hear it. This writ of certiorari plays a role on the workload of the court as Robert Ross notes “The court may refuse a case if it is considered trivial or insubstantial” …show more content…
The main power that they have and use is judicial review. The power of judicial review was established by the Judiciary Act of 1789 and the case of Marbury v. Madison. The case of Marbury v. Madison was the first time that the court used it power of judicial review and help establish it for the court to use. Also Dred Scott vs Sandford which deals with a ruling against congress for the first time and help establish the power of the court to do that. Robert Ross gives some insight on this power “Judicial review has been sparingly used, however, with respect to federal laws because relatively few matters actually have been placed in the context of violating the Constitution” (184). Interpretation is also important in the court system and in judicial review. American law and the Constitution can sometimes be vague and uncertain and this where interpretation comes in. So the court can use it powers to see if a hearing is constitutional or not. Also another factor that is important is how the courts work is how it act together with other courts and the impact boundaries and matters. This involves the use of separation of powers in the
The court does have some limits on its power. Original jurisdiction is when the Supreme Court reviews it first. The number of this type is a smaller compared to the appeals from the various lower courts. The routes to get there from appeals courts would be through rights of appeal, in forma pauperis petition, certification, and writ of certiorari. The rights of appeals is when a lower court bring a hearing up to a higher court for a rehearing of the case and this is mostly used by the court of appeals. The word forma pauperis petition is Latin and used when someone does not have the funds for court and are petitioning for the waiving of the cost. The use of certification in appeal cases is when a lower court ask the Supreme Court for help in a cases The most used is the writ of certiorari which the Supreme Court has agreed to hear the case that is being appealed and the court uses this when picking cases and only need four judges to want to hear it. This writ of certiorari plays a role on the workload of the court as Robert Ross notes “The court may refuse a case if it is considered trivial or insubstantial” …show more content…
The main power that they have and use is judicial review. The power of judicial review was established by the Judiciary Act of 1789 and the case of Marbury v. Madison. The case of Marbury v. Madison was the first time that the court used it power of judicial review and help establish it for the court to use. Also Dred Scott vs Sandford which deals with a ruling against congress for the first time and help establish the power of the court to do that. Robert Ross gives some insight on this power “Judicial review has been sparingly used, however, with respect to federal laws because relatively few matters actually have been placed in the context of violating the Constitution” (184). Interpretation is also important in the court system and in judicial review. American law and the Constitution can sometimes be vague and uncertain and this where interpretation comes in. So the court can use it powers to see if a hearing is constitutional or not. Also another factor that is important is how the courts work is how it act together with other courts and the impact boundaries and matters. This involves the use of separation of powers in the