The Chief Justice has statutory powers and responsibilities with respect to district courts. By order of the Supreme Court, the Chief Justice and associate judges are appointed district judges from among the counties. The Chief Justice has the power to make such allowances while the Court is in vacation. (20) Also by law, the Chief Justice has the power to appoint and hear temporarily each district judge in another district at the request of the Chief Justice of the Supreme Court or of the county. Despite the Chief Justice`s heightened stature, his vote carries the same legal weight as the vote of any associate judge. In addition, he does not have the legal power to overturn or manipulate the judgments or interpretations of the other eight judges. [8] The task of determining who should write the opinion for the majority rests with the Chief Justice of the majority. Therefore, if the Chief Justice is in the majority, he always assigns the opinion. [10] Early in his term, Chief Justice John Marshall emphasized views that judges could unanimously approve in order to establish and enhance the court`s national prestige.

Marshall often wrote opinions himself and actively discouraged dissenting opinions. Associate Justice William Johnson eventually convinced Marshall and the rest of the court to adopt his current practice: one judge writes an opinion for the majority, and the others are free to write their own individual opinions or not, whether they agree or dissent. [11] Since the creation of the Supreme Court in 1789, 17 people have served as chief justices, beginning with John Jay (1789-1795). The current Chief Justice is John Roberts (since 2005). Five of the 17 chief justices – John Rutledge, Edward Douglass White, Charles Evans Hughes, Harlan Fiske Stone and William Rehnquist – served as associate judges before becoming chief justices. On days when the Court of Justice presents oral proceedings, a decision may be given before oral argument is heard. During May and June, the Court of Justice meets every Monday at 10 a.m. to deliver advisory opinions. During the last week of the semester, additional days may be called “opinion days”. In addition to his general responsibilities as a member of the Supreme Court, the Chief Justice has several unique tasks to perform.

However, another factor, age, would favor former New York Governor Thomas E. Dewey, who, at 51, was 11 years younger than Governor Warren. The argument advanced to the president by Dewey`s supporters was that “all other things are equal, the authority of a chief justice tends to increase with the length of his service on the court.” As a result, a younger appointed chief justice may have more time “to make a strong impression on the decisions of the Court with his personality and character” and “develop strong lines of loyalty among other judges.” (67) Judicial appointments during breaks. On 12 occasions in our country`s history (most of them in the nineteenth century), presidents have made temporary appointments to the Supreme Court without submitting appointments to the Senate. (94) These occurred when Speakers exercised their constitutional authority to make “vacancy appointments” when the Senate was not in session. (95) Historically, when breaks between Senate sessions were much longer than they are today, “suspended appointments” were intended to avoid long vacancies on the Court when the Senate was not available to confirm the President`s appointees. However, the terms of these “vacancy appointments” were limited and expired at the end of the next session of Congress (unlike court-appointed lifetime appointments when they were appointed and then confirmed by the Senate). Despite the temporary nature of these appointments, all but one person appointed to the Court during a recess of the Senate was ultimately appointed for life after being nominated by the Speaker and confirmed by the Senate. (96) Real court simulations focus on Bill of Rights cases with juvenile scenarios. After the filing of the first claims, the plaintiff and the defendant may file briefs of shorter length corresponding to the respective position of the other party. If not directly involved in the matter, the U.S. government, represented by the Attorney General, may file a brief on behalf of the government.

With the court`s permission, groups that have no vested interest in the outcome of the case, but are nonetheless interested in it, can file a so-called amicus curiae (Latin for “friend of the court”) in which they set out their own arguments and recommendations for deciding the case. The Chief Justice has traditionally taken the presidential oath to new presidents of the United States. This is standard practice and is not within the constitutional responsibility of the Chief Justice. The Constitution does not require that the presidential oath be taken by anyone, but only that it be taken by the president. The law authorizes any federal or state judge and notaries to take oaths and take out insurance. The Chief Justice normally takes the oath of office to newly appointed and confirmed associate judges, while the longest-serving associate justice usually takes the oath to a new Chief Justice. The Supreme Court of the United States is the highest court in the land and the only part of the federal judiciary explicitly required by the Constitution. Before counsel for the plaintiff leaves the gallery after the first presentation, he or she may set aside some time for rebuttal after counsel for the defendant has appeared. It is the plaintiff – not the court – who is responsible for tracking the remaining time for rebuttal. In typical program simulations, more than one student lawyer argues on each side.

In this case, they must inform the student member before the hearing begins of how they wish to divide their time. Typically, the first student lawyer who speaks also handles the rebuttal. The Constitution gives Congress the power to determine the number of judges. The first judicial law, passed in 1789, set the number of judges at six, one chief justice and five associates. Over the years, Congress has passed various laws to change this number, which fluctuates from a minimum of five to a peak of ten. The Judicial Act of 1869 set the number of judges at nine, and there was no subsequent change in the number of judges. The Chief Justice is also the manager of the Supreme Court building and all the work of the Court. The administrative tasks associated with this role have increased over the years, in line with the growth of the country, the sheer volume of cases submitted to the Court, technological advances in the operation of the courts, and current security requirements. (12) Administrative tasks include approving the appointment of certain judicial officers and the rules of the Supreme Court library. The courts only hear cases of fact and controversy – a party must prove that they have suffered harm in order to take legal action.

This means that the courts do not rule on the constitutionality of laws or the legality of acts if the judgment has no practical effect. Cases before the judiciary usually range from the District Court to the Court of Appeal and may even end up in the Supreme Court, although the Supreme Court hears relatively few cases each year. On September 3, 2005, Chief Justice William H. Rehnquist passed away after serving nearly 19 years as Chief Justice. (2) He had been diagnosed with cancer in October 2004 and, although in poor health since then, he had managed to lead the Court until his last term, which ended at the end of June 2005. His death occurred approximately two months after Associate Justice Sandra Day O`Connor announced her intention to retire from the court(3) and just days before the scheduled start of confirmation hearings on September 6, 2005, for her designated successor, John G. Roberts, Jr., a U.S. appeals judge. On September 6, George W. Bush withdrew Roberts` nomination for the O`Connor seat and instead appointed Justice Roberts as Chief Justice.

(4) At age 50, Justice Roberts, if confirmed by the Senate, would become the youngest Chief Justice upon confirmation in more than 200 years. (5) Out of respect for the late Chief Justice of the Supreme Court, whose funeral took place on 7 September, the Senate Judiciary Committee postponed until 12 September the commencement of its hearings on the nomination of Justice Roberts as Chief Justice. After four days of nomination hearings, the Judiciary Committee confirmed Justice Roberts as Chief Justice on September 22 by a vote of 13 to 5. That action sent the nomination to the entire Senate, which is expected to vote on Sept. 29 on Judge Roberts` confirmation. Federal judges can only be removed by impeachment by the House of Representatives and condemnation by the Senate. Judges and judges do not have a fixed mandate – they serve until their death, retirement or conviction. This isolates them from the passing passions of the public and allows them to apply the law only for the sake of justice and not for electoral or political concerns. Civil cases are similar to criminal cases, but instead of mediating between the state and a person or organization, they deal with disputes between individuals or organizations. In civil cases, if a party believes that his or her wrongs have been committed, he or she may take legal action in a civil court to try to remedy the wrongs through a cease and desist order, a change in behaviour or financial compensation. Once the prosecution has been commenced and evidence has been gathered and presented by both parties, a trial as in a criminal case continues.

If the parties involved waive their right to a jury trial, the case may be decided by a judge; Otherwise, the case will be decided by a jury and damages will be awarded.