Pre-University (CIE) Comparative Government: Specimen Questions with Answers 12 - 12 of 53

Question 12

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Discuss American Supreme Court as Court of Review.

Explanation

  • The Federal Judiciary is the creation of the Constitution as it has been specifically mentioned in Article III. The Constitution does not refer to the structure of organization. It states that judicial power will be vested in the Supreme Court and the inferior courts as Congress may ordain and establish.

  • The Supreme Court stands at the apex of the American judicial pyramid and since in the early 1930s have been housed in an imposing marble structure, facing across the park towards the east front of the national capital. The Constitution has not fixed the number of judges. The number was reduced twice and increased five times. The number of judges varied from five to ten.

  • As a Court of Review: In some cases it can review the decisions of the courts of claims and the Courts of Customs and Patent appeals as well. It may be pointed out that appeals to the Supreme Court can lie only on some legal or constitutional point. In other words, the appellate jurisdiction of the Supreme Court is based upon the subject matter of the case.

  • If in a case, the law involved concerns the federal treaties, the appeal can be taken to the Supreme Court. No other federal court has the authority to entertain an appeal from the highest court of the state on any matter. In the cases which have been heard and decided by the Supreme Court no appeal can lie with any other authority. The judgments of the Supreme Court are considered as final.

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