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  • Essay / The United States Judicial System - 1260

    The federal court system, unlike the Florida court system, is made up of three levels. At the very top is the United States Supreme Court. The United States Supreme Court is also known as the court of last resort because it is the final step in the legal process. Article III, Section 1, of the U.S. Constitution creates the Supreme Court of the United States and gives Congress the power to create the lower federal courts. Congress has the right to decide the number of justices on the U.S. Supreme Court, but it cannot change its powers under the U.S. Constitution. The Supreme Court of the United States is the only court specifically created by the U.S. Constitution and is the most powerful level of the judicial system. The Judiciary Act of 1789 established the court with a chief justice and five associate justices, but since 1869 there have been eight associates and a chief justice. To decide a case, there must be at least six votes from the justices and all that is needed is a majority vote. The United States Supreme Court is asked to review thousands of cases per year, but it only reviews between 100 and 150 per year. The United States Supreme Court will only review a case when a constitutional question arises. One of the most important cases was Marbury v. Madison, in that it established judicial review. After reviewing this case, Chief Justice Marshall declared that "a legislative act contrary to the constitution is not a law" and "it is categorically for the province and the judicial department to say what is a law" . Judicial review is also used against state and local governments. The court reviews their actions and determines whether or not they are unconstitutional and orders them to stop the action in question. The decisions of the Supreme Court of the United States are...... middle of paper ......e United States http://www.uscourts.gov/uscourts/federalcourts/publications/english.pdfBy Jacob Silverman how the court system works http://people.howstuffworks.com/judicial-systeml.htmCourt Registry 2009 http://www.courtregistry.org/us_court_system_organization/Florida States Court System http://floridasupremecourt.org/pub_info /system2.shtmlQuotesHow the judicial system workshttp://people.howstuffworks.com/judicial-systeml.htm “A legislative act contrary to the constitution is not a law” and “it is clearly the province and the duty of the ministry judicial to say what is the law » Florida State Judicial System http://www.floridasupremecourt.org/pub_info/system2.shtml « Provided in the constitution with a certain degree of flexibility by which the legislature can add or remove certain categories of cases”