Where To Take Constitutional Issues: A Court Guide

The court system in the United States is structured such that there is a federal system of government, with power shared between the federal government and state governments, each with its own court system. The US Constitution establishes the federal judiciary, with the US Supreme Court at the apex, and it permits Congress to decide how to organize it. The Supreme Court is the highest court in the United States and is the court of last resort for those seeking justice. The Supreme Court plays a crucial role in ensuring that each branch of government recognizes its power limits and protects civil rights and liberties by striking down laws that violate the Constitution. Constitutional courts in different countries have varying jurisdictions and procedural rules, with some being independent institutions outside the ordinary court system. These courts often address significant social and political issues, such as legislative overreach and the protection of fundamental rights.

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Federal vs state courts

The federal and state court systems in the United States share power as outlined in the US Constitution, which is the supreme law of the land. The federal judiciary is established by Article III of the Constitution, which also establishes the jurisdiction of the Supreme Court.

The federal court system is limited in the types of cases it can hear. It deals with cases that raise a "federal question" and those involving "diversity of citizenship". Federal cases include those involving federal laws, the US Constitution, the US government, interstate commerce, and international treaties. Federal courts also hear civil cases based on federal laws, such as employment discrimination, and cases involving social security claims, federal tax violations, and international trade.

State courts, on the other hand, handle most disputes that govern daily life, as most laws that affect citizens are passed by state governments. State courts hear cases involving violations of state law, including most criminal activity, state tax violations, real estate, malpractice, personal injury, contract disputes, family law, inheritance, traffic, and juvenile cases.

The Supreme Court is the highest court in the land and serves as the court of last resort. It can hear cases on appeal from lower federal courts or state courts. The Supreme Court plays a crucial role in ensuring each branch of government recognizes its limits and protecting civil rights and liberties by striking down laws that violate the Constitution.

Federal trial courts have been established for specific areas, such as bankruptcy, tax, claims against the federal government, and international trade. Each federal district has a bankruptcy court for those proceedings. There are also federal courts with nationwide jurisdiction for specific issues. Cases from federal district courts can be appealed to one of the twelve US Courts of Appeals, which are divided by region.

The federal district court is the starting point for cases arising under federal law, the Constitution, or treaties, and this is known as "original jurisdiction". In some instances, state and federal court jurisdictions overlap, and a case can be brought in either court. The plaintiff can choose to bring the case in state or federal court, and the defendant may sometimes opt to "remove" it to federal court.

Supreme Court jurisdiction

The Supreme Court is the highest court in the United States, and it plays a crucial role in the constitutional system of government. The Court's jurisdiction is established by Article III, Section II of the Constitution, which grants it the legal authority to hear cases. The Supreme Court has original jurisdiction over specific cases, such as suits between multiple states or cases involving ambassadors. It also has appellate jurisdiction, allowing it to hear appeals on a wide range of cases involving constitutional and federal law.

The Supreme Court's original jurisdiction was first outlined in the Judiciary Act of 1789, which gave the Court the power to issue writs of mandamus, compelling government officials to act according to the law. While the Constitution establishes the Supreme Court, it is Congress that decides how to organise it. Over time, Congress has altered the number of seats, with the current composition set at nine justices, including eight associate justices and one chief justice.

The Supreme Court serves as the court of last resort for those seeking justice. It ensures that each branch of government respects its own power limits and protects civil rights and liberties by striking down laws that violate the Constitution. The Court's decisions have a significant impact on society, as they shape the understanding and application of constitutional principles.

The Supreme Court's jurisdiction extends to reviewing state court decisions, particularly when interpreting and applying federal law. This review process involves assessing whether state court rulings are based on "'adequate and independent state grounds.'" The Court has provided longstanding guidance on this matter, emphasising the need for state bases to have "fair support" and be sufficiently broad to sustain the judgment.

The Supreme Court's jurisdiction is not limited to constitutional issues but also includes federal statutes and treaties. This jurisdiction is known as "original jurisdiction" in the federal district court system. The Court's authority to hear cases directly from state courts is outlined in the Constitution, ensuring a consistent interpretation and application of federal law across the country.

Federal judiciary

The federal judiciary in the United States comprises federal trial courts, federal district courts, and the Supreme Court. The federal district court is the starting point for cases arising under federal statutes, the Constitution, or treaties. This jurisdiction is referred to as "original jurisdiction". In certain cases, the jurisdiction of state courts may overlap with federal courts, and a case can be brought to either court. However, if the plaintiff chooses a state court, the defendant may sometimes opt to "remove" the case to a federal court.

Federal trial courts have been established for specific subject areas, and each federal district has a bankruptcy court for those proceedings. Additionally, some courts have nationwide jurisdiction for issues such as tax, claims against the federal government, and international trade. Once a federal district court has decided a case, it can be appealed to a United States court of appeal. There are twelve federal circuits that divide the country into different regions.

The Supreme Court is the highest court in the federal judiciary and is the court of last resort for those seeking justice. It plays a crucial role in ensuring that each branch of the government recognizes its power limits. The Court has the authority to strike down state laws found to be in violation of the Constitution, thus protecting civil rights and liberties. The Supreme Court has original jurisdiction in specific cases, such as suits between two or more states or cases involving ambassadors. It also has appellate jurisdiction, allowing it to hear cases on appeal that involve constitutional or federal law.

The Supreme Court consists of one Chief Justice and eight Associate Justices, who are appointed by the President and confirmed by the Senate. They typically hold office for life, and their salaries cannot be decreased during their term. District court judges manage the court and supervise its employees. They can be impeached and removed by Congress if they maintain "good behavior".

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District court judges

The federal district court is the starting point for any case arising under federal statutes, the Constitution, or treaties. This type of jurisdiction is called "original jurisdiction". There are over 670 district court judges nationwide, and they are responsible for managing the court and supervising the court's employees. District court judges can serve as long as they maintain "good behavior", and they can be impeached and removed by Congress.

Magistrates are appointed by the district court by a majority vote of the judges and serve for a term of eight years if full-time and four years if part-time, but they can be reappointed after the completion of their term. In criminal matters, magistrate judges may oversee certain cases, issue search warrants and arrest warrants, conduct initial hearings, set bail, decide certain motions, and other similar actions. In civil cases, magistrates often handle a variety of issues such as pre-trial motions and discovery.

Sometimes, the jurisdiction of state courts will overlap with that of federal courts, meaning that some cases can be brought in both courts. The plaintiff has the initial choice of bringing the case to either a state or federal court. However, if the plaintiff chooses a state court, the defendant may sometimes choose to "remove" to a federal court. Cases that are entirely based on state law may be brought to a federal court under the court's "diversity jurisdiction". Diversity jurisdiction allows a plaintiff of one state to file a lawsuit in federal court when the defendant is located in a different state.

The Supreme Court is the highest court in the land and is the court of last resort for those seeking justice. It plays an important role in ensuring that each branch of the government recognizes the limits of its power. It also protects civil rights and liberties by striking down laws that violate the Constitution. The Supreme 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.

Certiorari

In the United States, constitutional issues are tried in federal courts, with the Supreme Court being the highest court in the land.

A writ of certiorari is a legal order issued by a higher court, such as an appellate court, to review the decision of a lower court or government agency. The term is derived from Law Latin, meaning "to be more fully informed". It is often abbreviated as "cert." in the United States.

When a party loses in a court of law, they may appeal the decision to a higher court. In some cases, parties are entitled to an appeal as a matter of right. However, there are instances when a party cannot appeal as a matter of right and must instead file a writ of certiorari. If four or more Justices agree to review the case, the Supreme Court will hear the case, which is referred to as "granting certiorari". On the other hand, if fewer than four Justices agree, the Court will not hear the case, which is defined as "denying certiorari". It is important to note that a decision to deny certiorari does not imply agreement with the lower court's ruling but rather that the case does not warrant a review by the Supreme Court.

The writ of certiorari is commonly used to review decisions of administrative bodies and lower courts. It is a discretionary remedy, and the Supreme Court will typically only hear cases with national significance and precedential value, or when there are conflicting decisions or egregious errors in a case.

In Canada, the use of certiorari in criminal matters is restricted to correcting jurisdictional errors, while in Australia, it is an inherent power of the superior courts. In England and Wales, orders or writs of certiorari have been renamed "quashing orders", reflecting their use as a remedy for correcting plain errors of inferior courts or tribunals.

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