Thomas W. Franchino, P.A.

The Supreme Court of the United States

Creation

The United States Constitution provides that the judicial power of the United States is vested in one Supreme Court and any lower courts established by the United States Congress. The Supreme Court first convened in 1790.

Composition

The Supreme Court is composed of the Chief Justice and eight Associate Justices. The number of Justices is set by Congress. The President of the United States nominates persons to become Justices. Justices are appointed with the advice and consent of the United States Senate and hold their offices for life.

Jurisdiction

The United States Constitution gives the Supreme Court power to hear all cases and disputes arising under the Constitution and the laws and treaties of the United States. The Court has original jurisdiction, meaning that the Court sits as the trial court, in disputes between states or between states and the federal government. There is no appeal in such cases. The Court can review state cases if the state court decided a federal question and the losing party has no further remedy within the state.

Most of the cases coming before the Court involve federal courts of appeal decisions. The losing party files a petition for a writ of certiorari, which the Court grants if it chooses to review the case. If the Court decides not to review the case, it denies the petition. The Court rejects most certiorari petitions and thus allows most lower court decisions to remain in effect.

Court Term

The Court's term begins on the first Monday in October and continues until the first Monday of the following October with a Summer recess usually taken from late June or early July until October.

Cases Heard by the Supreme Court

During the term, the Justices alternate between hearing cases and writing opinions. There are usually more than 7,000 cases on the Supreme Court's docket per term. The Court hears oral arguments in about 100 cases per term. About 50 to 60 additional cases are decided following review but without oral arguments. The cases involve appeals from state or federal courts, and they present important questions about the United States Constitution or federal law. The types of cases appealed to the Court include discrimination cases, affirmative action suits, suits about political contributions, family law cases, First Amendment cases, and criminal convictions. The decisions of the Supreme Court are binding on all lower state and federal courts.

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Areas of Practice

  • Avoidance of Fraudulent Transfers
  • Civil Litigation
  • Civil Trial and Appellate in State and Federal Court
  • Collections
  • Construction Disputes
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