Article III of the Constitution establishes the federal judiciary. Article III, Section I states that "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." Although the Constitution establishes the Supreme Court, it permits Congress to decide how to organize it. Congress first exercised this power in the Judiciary Act of 1789. This Act created a Supreme Court with six justices. It also established the lower federal court system. Show The JusticesOver the years, various Acts of Congress have altered the number of seats on the Supreme Court, from a low of five to a high of 10. Shortly after the Civil War, the number of seats on the Court was fixed at nine. Today, there is one Chief Justice and eight Associate Justices of the United States Supreme Court. Like all federal judges, justices are appointed by the President and are confirmed by the Senate. They, typically, hold office for life. The salaries of the justices cannot be decreased during their term of office. These restrictions are meant to protect the independence of the judiciary from the political branches of government. The Court's JurisdictionArticle III, Section II of the Constitution establishes the jurisdiction (legal ability to hear a case) of the Supreme Court. The Court has original jurisdiction (a case is tried before the Court) over certain cases, e.g., suits between two or more states and/or cases involving ambassadors and other public ministers. The Court has appellate jurisdiction (the Court can hear the case on appeal) on almost any other case that involves a point of constitutional and/or federal law. Some examples include cases to which the United States is a party, cases involving Treaties, and cases involving ships on the high seas and navigable waterways (admiralty cases). CasesWhen exercising its appellate jurisdiction, the Court, with a few exceptions, does not have to hear a case. The Certiorari Act of 1925 gives the Court the discretion to decide whether or not to do so. In a petition for a writ of certiorari, a party asks the Court to review its case. The Supreme Court agrees to hear about 100-150 of the more than 7,000 cases that it is asked to review each year. Judicial ReviewThe best-known power of the Supreme Court is judicial review, or the ability of the Court to declare a Legislative or Executive act in violation of the Constitution, is not found within the text of the Constitution itself. The Court established this doctrine in the case of Marbury v. Madison (1803). In this case, the Court had to decide whether an Act of Congress or the Constitution was the supreme law of the land. The Judiciary Act of 1789 gave the Supreme Court original jurisdiction to issue writs of mandamus (legal orders compelling government officials to act in accordance with the law). A suit was brought under this Act, but the Supreme Court noted that the Constitution did not permit the Court to have original jurisdiction in this matter. Since Article VI of the Constitution establishes the Constitution as the Supreme Law of the Land, the Court held that an Act of Congress that is contrary to the Constitution could not stand. In subsequent cases, the Court also established its authority to strike down state laws found to be in violation of the Constitution. Before the passage of the Fourteenth Amendment (1869), the provisions of the Bill of Rights were only applicable to the federal government. After the Amendment's passage, the Supreme Court began ruling that most of its provisions were applicable to the states as well. Therefore, the Court has the final say over when a right is protected by the Constitution or when a Constitutional right is violated. RoleThe Supreme Court plays a very important role in our constitutional system of government. First, as the highest court in the land, it is the court of last resort for those looking for justice. Second, due to its power of judicial review, it plays an essential role in ensuring that each branch of government recognizes the limits of its own power. Third, it protects civil rights and liberties by striking down laws that violate the Constitution. Finally, it sets appropriate limits on democratic government by ensuring that popular majorities cannot pass laws that harm and/or take undue advantage of unpopular minorities. In essence, it serves to ensure that the changing views of a majority do not undermine the fundamental values common to all Americans, i.e., freedom of speech, freedom of religion, and due process of law. ImpactThe decisions of the Supreme Court have an important impact on society at large, not just on lawyers and judges. The decisions of the Court have a profound impact on high school students. In fact, several landmark cases decided by the Court have involved students, e.g., Tinker v. Des Moines Independent School District (1969) held that students could not be punished for wearing black armbands to school to protest the Vietnam War. In the Tinker case, the Court held that "students do not shed their rights at the schoolhouse gate."
DISCLAIMER: These resources are created by the Administrative Office of the U.S. Courts for educational purposes only. They may not reflect the current state of the law, and are not intended to provide legal advice, guidance on litigation, or commentary on any pending case or legislation.
The Federal Circuit and Family Court of Australia was established by the Federal Circuit and Family Court of Australia Act 2021, bringing together the Family Court of Australia and the Federal Circuit Court of Australia. The Court comprises two divisions. Division 1 is a continuation of the Family Court of Australia and deals only with family law matters including appeals. Division 2 is a continuation of the Federal Circuit Court of Australia and deals with family law, migration and other general federal law matters. The Court has a registry in Perth for general federal matters only.
The Supreme Court, as well as being the final court of appeal, plays an important role in the development of United Kingdom law. As an appeal court, The Supreme Court cannot consider a case unless a relevant order has been made in a lower court. The Supreme Court:
The Supreme Court hears appeals from the following courts in each jurisdiction: England and Wales
ScotlandClick here to download a factual guide to The Jurisdiction of the Supreme Court in Scottish Appeals: Human rights and the Scotland Act 2012 (PDF). Northern Ireland
Please click here to download a full guide to appealing to The Supreme Court (PDF) or our Guide to proceedings for those without a legal representative. Learn more about The Supreme Court.
The Court of Appeal determines whether a trial was conducted fairly, and whether the law was correctly applied. It hears criminal or civil cases decided in the County Court or Supreme Court Trial Division, and some appeals from the Victorian Civil and Administrative Tribunal. Some appeals require permission from the Court of Appeal before they can be heard. Usually three judges will hear an appeal. Upon deciding a case, the Court of Appeal may:
In addition to Supreme Court judges in the Trial Division, the Court has associates judges who perform a range of functions including mediations and pre-trial case management. Judges of appeal hear cases in the Court of Appeal. Because the Supreme Court is the highest court in Victoria, only the High Court of Australia can review its decisions. Download the brochure The Supreme Court of Victoria: The highest court in Victoria for an overview of the court hierarchy in Victoria. A 'Court for all Victorians' - regional hearingsMost Supreme Court cases are heard in Melbourne. The Court also travels on circuit to hear cases in locations across Victoria including Ballarat, Bendigo, Geelong, Hamilton, Horsham, Morwell, Mildura, Sale, Shepparton, Wangaratta, Warrnambool and Wodonga. It is possible to sit in on and observe most cases heard by the Supreme Court. Visit the attending court page for more information. For current information on cases before the Court, see the Daily List. Court administrationThe Chief Executive Officer oversees the administrative functions of the Court essential to a high quality court that are separated from the judicial component of court matters. These areas include the Court of Appeal Registry, Principal Registry, Funds in Court, Juries Commissioner's Office and Court Administration. Although Funds in Court is recognised as a support function of the Court, it operates as a discrete division under the direction of the Senior Master. Court administration includes a range of functions that support the judiciary and staff at the Court including:
Visit the Contact page for administration details. Court performancePerformance management involves measures, monitoring, analysing and using data on a regular basis to improve the effectiveness, efficiency and quality of the Supreme Court of Victoria's operations. As the first Australian court to join the International Framework for Court Excellence (IFCE), we take our performance seriously. |
What are the 3 primary functions of the Supreme Court?
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