Answer
The US Supreme Court doesn't use a jury system; cases are decided en banc (by the full court) by a panel of nine Justices.
The Court reviews cases on appeal, it does not conduct trials, except in rare instances when it hears a case under original jurisdiction. Any party being tried under original jurisdiction has the right to request a trial by jury, per the 6th Amendment to the Constitution.
Answer
Most US Supreme Court cases are heard under the Court's appellate jurisdiction, whereby the issue was initially tried by the lower courts, has exhausted all avenues of appeal below the Supreme Court, and the losing party has petitioned the Supreme Court for a Writ of Certiorari. A petition for a Writ of Certiorari is a formal request that the Court review the final lower court appeal to determine whether questions of constitutional and federal law were interpreted and adjudicated correctly.
The Supreme Court does not conduct a trial under these circumstances, but reads the case history and lower court opinions, then listens to oral arguments on behalf of the Petitioner and Respondent (similar to a Plaintiff and Defendant) before determining whether the lower court decision was correct (affirmed) or incorrect (reversed). Because this level of appeal requires expert knowledge of constitutional precepts and laws, the nine Justices, alone, vote on the final decision.
The Court also presides over a limited class of cases in which it has original jurisdiction, meaning the case is presented directly to the High Court for consideration of facts and law without first being heard by a lower court.
According to Title 28 of the U.S. Code, Section 1251 (28 USC 1251), the Supreme Court has original and exclusive jurisdiction over disputes between the states, and original, but not exclusive, jurisdiction over any case to which the United States is a party, as well as any case involving foreign dignitaries.
In original jurisdiction cases, either party to the dispute has the right to request issues of fact be tried by a jury. The last time such a request was made was in Georgia v. Brailsford 3 U.S. 1 (Dall.) (1794).
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Answer
Most US Supreme Court cases are heard under the Court's appellate jurisdiction, whereby the issue was initially tried by the lower courts, has exhausted all avenues of appeal below the Supreme Court, and the losing party has petitioned the Supreme Court for a Writ of Certiorari. A petition for a Writ of Certiorari is a formal request that the Court review the final lower court appeal to determine whether questions of constitutional and federal law were interpreted and adjudicated correctly.
The Supreme Court does not conduct a trial under these circumstances, but reads the case history and lower court opinions, then listens to oral arguments on behalf of the Petitioner and Respondent (similar to a Plaintiff and Defendant) before determining whether the lower court decision was correct (affirmed) or incorrect (reversed). Because this level of appeal requires expert knowledge of constitutional precepts and laws, the nine Justices, alone, vote on the final decision.
The only cases the US Supreme Court currently hears under original jurisdiction are disputes between the states. The Court uses a "Special Master" instead of a jury when reviewing such cases because of the level of expertise legal needed to make a determination.
Since it is the Supreme Court that decides what is constitutional and what is not, the decisions of the Supreme Court cannot be unconstitutional, however, it is always possible for the Supreme Court to make new decisions which reverse older decisions. So in theory, if the Supreme Court does something wrong, they will be reversed by a later sitting of the same court (but with new judges).
Yes, the Supreme Court promotes democracy by protecting the Constitution. Nine justices make decisions based on Constitutional rights with democracy in mind.
TrialsUS District Courts are the trial courts of the Judicial Branch of the Federal government. Appellate courts, like the US Court of Appeals Circuit Court and the US Supreme Court, only consider the question or questions raised on appeal and do not retry the case or make determinations of guilt.
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No, the US Supreme Court can't enforce its decisions; this limitation is one of the checks on the power of the Judicial branch. The Court generally must rely on the Executive branch to ensure the order the Supreme Court is carried out.