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Discretionary power is the ability to act or make decisions according to one's own judgment.
The Supreme Court primarily exercises judicial discretion over two related areas:
- Granting Extraordinary Writs, such as writs of habeas corpus, mandamus, prohibition, and certiorari, that allow the Court to command action from certain parties or official bodies for the benefit of the petitioner. The scope of and application of this authority is outlined in Rule 20 of the Supreme Court Rules (see Related Links and Related Questions, below).
- Discretionary Review Authority allows the Court to decide which cases it deems worthy of hearing under its appellate jurisdiction. Discretionary review is closely tied to extraordinary writs, as the authority is exercised by issuance of a writ of certiorari, or order to the lower courts to transmit case files when a petition is granted.
Congress allowed the Supreme Court discretion over cases involving diversity, patent, revenue, criminal and admiralty issues in the Judiciary Act of 1891, and extended their authority to include the majority of cases in the Judiciary Act of 1925 (also called the Certiorari Act), legislation designed to reduce the justices' workload without increasing the size of the Court. At present, the Court has complete discretion over the cases it hears, and is no longer subject to mandatory appellate jurisdiction.
For more information, see Related Questions and Related Links, below.
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What kind of courts report to the Supreme Court?
The US Supreme Court is head of the Judicial Branch of government. The "inferior" courts in this branch are:US District CourtsUS Court of International TradeUS Court of Appeals Circuit Courts
What court is considered gatekeeper to the US Supreme Court?
The US Court of Appeals Circuit Courts, which are intermediate courts of appeals (the courts between the US District Courts and the US Supreme Court) in the federal Judicial Branch. They help reduce the Supreme Court caseload by resolving appellate cases or dismissing those without merit.
Does the Judicial Branch consist of the Supreme Court and US courts?
No. The Supreme Court of the United States is head of the Judicial branch, but there are lower courts and tribunals that are also included, such as the US District Courts and the US Courts of Appeals Circuit Courts, among others.
Does the US have a Supreme Court and some smaller courts?
Yes. The US Supreme Court has highest appellate jurisdiction in the US. The other constitutional courts of the Judicial Branch -- the 94 US District Court, 13 US Court of Appeals Circuit Courts, US Court of International Trade -- are below the Supreme Court. There are also courts in the Legislative Branch of government, such as Bankruptcy Courts and US Tax Courts, that are lower than the Supreme Court.
What is the US Supreme Court's most important function with regard to the lower courts?
The US Supreme Court serves as the final court of appeal
Who has the judicial powers of the US?
Courts and justice departments as well as the Supreme Court.
What kind of courts report to the Supreme Court?
The US Supreme Court is head of the Judicial Branch of government. The "inferior" courts in this branch are:US District CourtsUS Court of International TradeUS Court of Appeals Circuit Courts
How many levels are in the federal court system?
Three:Trial level (primarily US District Courts)Appellate level (US Court of Appeals Circuit Courts)Supreme Court (US Supreme Court)
What federal courts hears appeals from lower courts?
Appellate courts. In the federal court system, the appellate courts are the US Court of Appeals Circuit Courts and the Supreme Court of the United States (aka US Supreme Court).
What are the 2 levels of federal courts?
Actually there are THREE levels of federal courts. US District Courts - US Courts of Appeal - US Supreme Court.
What is the breakdown of the federal court system?
US District courts - US Appelate Courts - US Supreme Court
What court is considered gatekeeper to the US Supreme Court?
The US Court of Appeals Circuit Courts, which are intermediate courts of appeals (the courts between the US District Courts and the US Supreme Court) in the federal Judicial Branch. They help reduce the Supreme Court caseload by resolving appellate cases or dismissing those without merit.
Does the US Supreme Court have the three branches?
No. The US Federal government has three branches: The Executive branch, the Legislative branch, and the Judicial branch. The US Supreme Court is head of the Judicial branch.There are also three basic levels within the Judicial branch:Trial Courts (e.g., US District Courts)Appellate Courts (e.g., US Courts of Appeals Circuit Courts)The Supreme Court
What are the 2 levels of federalism?
Actually there are THREE levels of federal courts. US District Courts - US Courts of Appeal - US Supreme Court.
What does the judicial have over the congress?
The powers that Congress has over the Judicial Branch are:May impeach Supreme Court justices (for cause)May reject appointments to the Supreme CourtMay change the number of justices on the US Supreme CourtMay change the appellate jurisdiction of any court, including the US Supreme CourtMay establish or dismantle "inferior courts"May initiate constitutional amendments affecting the courts
Does the Judicial Branch consist of the Supreme Court and US courts?
No. The Supreme Court of the United States is head of the Judicial branch, but there are lower courts and tribunals that are also included, such as the US District Courts and the US Courts of Appeals Circuit Courts, among others.
Does US Supreme Court review cases to ensure that the opinions and actions of the lower courts comply with the US Constitution?
No. The US Supreme Court hears final appeals from lower courts.
