Article III, Section II of the Constitution establishes the jurisdiction (legal capacity to hear a case) of the Supreme Court. The Court initially has jurisdiction (a case is heard before the Court) for certain cases, such as actions between two or more States and/or cases involving ambassadors and other public ministers. The court has jurisdiction over appeal proceedings for almost any other case involving a constitutional and/or federal point of law (the court may hear the case on appeal). Some examples are cases involving the United States, cases involving treaties, and cases involving ships on the high seas and on waterways (Admiralty cases). Although the Supreme Court may hear an appeal on any point of law, provided that it has jurisdiction, it generally does not hold hearings. Instead, the court`s job is to interpret the meaning of a law, decide whether a law is relevant to a particular set of facts, or decide how to apply a law. Lower courts are required to follow the jurisprudence of the Supreme Court in their decision-making. Court stenographer – A person who records word for word what is said in court and makes a transcript of the proceedings upon request. In retrospect, it is obvious that the interpretation and application of the Constitution has become necessary by the very nature of the Constitution itself. The Founding Fathers had wisely formulated this document in fairly general terms and had left it open to future elaboration to adapt to changing conditions.

As Marshall C.J. in McCulloch v. Maryland, a constitution that sought to detail all aspects of its own application, „would share the prolixity of a code of law and could hardly be accepted by the human mind. Its nature therefore requires that only its broad contours be marked, that its important objects be designated, and that the minor components that make up these objects be derived from the nature of the objects themselves. Counterclaim – An allegation made by a defendant against a plaintiff. Counterclaims can often be brought in the same procedure as the claimant`s claims. The court`s burden is almost exclusively on appeal, and the court`s decisions cannot be challenged before any body, as it is the final judicial arbiter in the United States in matters of federal law. However, the court may consider appeals from the highest state courts or federal courts of appeal.

The Court also has jurisdiction at first instance in cases involving ambassadors and other diplomats, as well as in cases between States. Supreme Court decisions have a significant impact on society as a whole, not just lawyers and judges. The Court`s decisions have a profound impact on high school students. In fact, several landmark cases decided by the Court have involved students, such as Tinker v. The Des Moines Independent School District (1969) ruled that students cannot be punished for wearing black armbands to school to protest the Vietnam War. In tinker, the court concluded that „students do not lose their rights at the school door.” Lawsuit – A lawsuit brought by a plaintiff against a defendant based on a claim that the defendant failed to comply with a legal obligation, resulting in harm to the plaintiff. Territorial jurisdiction is the power of the court to bind the parties to the action. This Act determines the scope of the powers of the federal and state courts. The territorial jurisdiction of the State Court is determined by the due process clause of the Fourteenth Amendment to the Constitution, and the territorial jurisdiction of the Federal Court is determined by the due process clause of the Fifth Amendment. (For more information, see Worldwide Volkswagen v.

Woodson; see also International Shoe v. Washington.) Despite this context, the Court`s power of judicial review was not confirmed until 1803, when it was invoked by Chief Justice John Marshall in Marbury v. Madison. In that decision, the Chief Justice affirmed that the Supreme Court`s responsibility to repeal unconstitutional laws was a necessary consequence of its sworn duty to uphold the Constitution. This oath could not be fulfilled in any other way. „It is up to the judicial authority to say what the law is,” he said. Habeas Corpus – A memoir often used to bring a prisoner to justice to determine the lawfulness of his detention. A prisoner who wants to argue that there is no sufficient reason to be detained would file a writ of arrest in habeas corpus.

It can also be used to bring a person into custody to court, to testify or to be prosecuted. Once a criminal or civil case has been heard, it can be challenged in a superior court – a federal appeals court or a state appeals court. An appellate litigant, called a „plaintiff, must prove that the court of first instance or administrative authority made an error of law that influenced the outcome of the case. An appeal court makes its decision on the basis of the case file prepared by the court or body of first instance – it does not receive additional evidence and does not hear witnesses. It may also consider the factual findings of the court or trial body, but can generally only overturn a process outcome on factual grounds if the results were „clearly erroneous”. If an accused is found not guilty in criminal proceedings, he cannot be retried on the basis of the same facts. Other forms of jurisdiction include appellate jurisdiction (the power of one court to correct the errors of another lower court), concurrent jurisdiction (the idea that two courts could share the power to hear cases of the same type that arise in the same place), and jurisdiction for diversity (the power of federal courts to hear cases when the parties come from different states).