Search results
The most important structural difference between the two courts is a result of the existence of a codified and entrenched constitution in the US and the Supremacy of Parliament in the UK.
- A. The Role and Power of The Us and UK Supreme Courts
- B. How Do The Judges Get there?
- C. How Do Cases Get there?
- D. How Do Law Clerks Get there?
- E. What Happens When A Case Gets there?
- F. Acknowledgment
As one may expect, the US and UK Supreme Courts share a number of similarities. Both serve as the highest appellate court in their jurisdiction on crucial matters of domestic law. Both hear only a limited number of cases each year, with those which come before them tending to concern questions of great legal importance. And both issue judgments whi...
Political process
One area in which the American approach differs sharply from that adopted in the United Kingdom is judicial appointments. To British eyes the American approach – with its emphasis on confirmation hearings and popular elections – appears, as that paragon of Britishness, Sir Humphrey Appleby, might have put it, somewhat novel. Surely such methods of judicial selection threaten judicial independence? Surely the most suitable candidates for judicial office are not always those best able to negoti...
Qualifications
A further concern is that elections can discourage able but camera-shy candidates from seeking judicial office. Whilst elections confer popular legitimacy, they may not always be the best means of selecting the most meritorious candidate for judicial office. An able candidate may be defeated by a less able competitor because his or her party is less popular in the local area in question. What chance then for a brilliant Republican lawyer in New York or a formidable Democrat in Alabama? A cand...
Below the Supreme Court
In addition to the US Supreme Court, sitting directly below it in the federal judicial hierarchy are the US Courts of Appeal (also known as Circuit Courts). There are 13 Circuit Courts in all, each covering a distinct geographical area of the United States. For instance, the 5th Circuit is based in New Orleans and covers the states of Louisiana, Mississippi and Texas. The neighbouring 11th circuit sits in Atlanta, Georgia and serves Alabama, Georgia and Florida. As the US Supreme Court takes...
Selection process in the USA
Every year, the US Supreme Court receives around 10,000 petitions for certiorari(or “cert”), which are essentially applications for permission to appeal, of which it grants around 80. Given the number of petitions it would likely prove impossible for all nine justices to analyse every petition in detail. As a result the court operates a so-called “cert pool” system. All the justices participate in the cert pool, with the exception of Justice Alito. Under the cert pool, petitions are randomly...
UK comparisons
The process in the UK Supreme Court is similar in certain respects. A party aggrieved by a decision of the Court of Appeal must in the first instance seek permission from that court to appeal to the Supreme Court. If that permission is refused, as usually happens, they may seek permission from the Supreme Court itself. This rule does not apply to civil appeals from the Scottish courts, however. The number of applications for permission to appeal to the UK Supreme Court is unsurprisingly much...
Law clerks form an integral part of the American legal system. In the US Supreme Court every justice is entitled to appoint four law clerks, who remain in post for one judicial year. The Chief Justice is entitled to appoint five law clerks but has tended to appoint only three or four. Prospective clerks apply directly to each justice with whom they...
It is in this area that the differences between the American and British approaches are perhaps at their greatest. Hearings before the US Supreme Court are both more structured and more formal than equivalent hearings in London. The courtroom itself sits at the heart of a vast building built to rival Congress and the White House, and is a grand and...
The opportunity to spend a week in Washington, DC learning about the inner workings of the American judiciary was one for which we are all extremely grateful. It enabled us to enhance our understanding of the American legal system and compare the way that that system operates with our own. We are pleased to acknowledge the generous support of the C...
The most well-known opinions are those released or announced in cases in which the Court has heard oral argument. Each opinion sets out the Court’s judgment and its reasoning and may include the majority or principal opinion as well as any concurring or dissenting opinions.
JUSTICE THOMAS delivered the opinion of the Court. Respondent Myriad Genetics, Inc. (Myriad), discovered the precise location and sequence of two human genes, mutations of which can substantially increase the risks of breast and ovarian cancer. Myriad obtained a number of patents based upon its discovery.
Jul 1, 2024 · The Supreme Court ruled on Monday that presidents have “absolute” immunity for official acts, but no immunity for unofficial acts—a decision that complicates the federal case against former president Donald J. Trump for trying to subvert the 2020 election.
United States of America v. Technical Sergeant Eric P. Marcum, 60 M.J. 198 (C.A.A.F. 2004) is a United States Court of Appeals for the Armed Forces (CAAF) decision which, among other issues, upheld Article 125 of the Uniform Code of Military Justice against a facial substantive due process challenge, and ruled that the Supreme Court's decision ...
People also ask
What is the difference between the UK and US Supreme Court?
Does the US Supreme Court have unlimited jurisdiction?
What is the difference between British and US Supreme Court hearings?
Does the US Supreme Court have more power than the UK?
The Court convenes for a session in the Courtroom at 10 a.m. The session begins with the announcement of opinions - decisions in argued cases - followed by the swearing in of new members to the Bar of the Supreme Court. These sessions, which typically last 15-30 minutes, are open to the public.
