Justices of the Court. The Supreme Court consists of the Chief Justice of the United States and a number of Associate Justices that is set by Congress -- currently fixed at eight. Power to nominate the Justices is vested in the President of the United States, and appointments are made with the advice and consent of the Senate. Article III, section 1, of the Constitution further provides that "[t]he Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office."
Officers of the Court. Court Officers assist the Court in the performance of its functions. They include the Administrative Assistant to the Chief Justice, the Clerk, the Reporter of Decisions, the Librarian, the Marshal, the Director of Budget and Personnel, the Court Counsel, the Curator, the Director of Data Systems, and the Public Information Officer. The Administrative Assistant is appointed by the Chief Justice. The Clerk, Reporter of Decisions, Librarian, and Marshal are appointed by the Court. All other Court Officers are appointed by the Chief Justice in consultation with the Court.
Constitutional Origin. Article III, section 1, of the Constitution provides that "[t]he judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." The Supreme Court of the United States was created in accordance with this provision and by authority of the Judiciary Act of September 24, 1789 (1 Stat. 73). It was organized on February 2, 1790.
Jurisdiction. According to the Constitution (Art. III, section 2):
"The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; -- to all Cases affecting Ambassadors, other public Ministers and Consuls; -- to all Cases of admiralty and maritime Jurisdiction; -- to Controversies to which the United States shall be a Party; -- to Controversies between two or more States; -- between a State and Citizens of another State; -- between Citizens of different States; -- between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
"In all Cases affecting Ambassadors, other public ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make."
Appellate jurisdiction has been conferred upon the Supreme Court by various statutes, under the authority given Congress by the Constitution. The basic statute effective at this time in conferring and controlling jurisdiction of the Supreme Court may be found in 28 U. S. C. section 1251 et seq., and various special statutes.
Rulemaking Power. Congress has from time to time conferred upon the Supreme Court power to prescribe rules of procedure to be followed by the lower courts of the United States. See 28 U. S. C. section 2071 et seq.
The Building. The Supreme Court is open to the public from 9 a.m. to 4:30 p.m., Monday through Friday. It is closed Saturdays, Sundays, and the federal legal holidays listed in 5 U. S. C. section 6103. Unless the Court or the Chief Justice orders otherwise, the Clerk's Office is open from 9 a.m. to 5 p.m., Monday through Friday, except on those holidays. The Library is open to members of the Bar of the Court, attorneys for the various federal departments and agencies, and Members of Congress.
The Term. The Term of the Court begins, by law, on the first Monday in October and lasts until the first Monday in October of the next year. Approximately 8,000 petitions are filed with the Court in the course of a Term. In addition, some 1,200 applications of various kinds are filed each year that can be acted upon by a single Justice.
- See more at: http://litigation.findlaw.com/legal-system/the-u-s-supreme-court-overview.html?DCMP=GOO-PUB_GenLaw-SupremeCourt&HBX_PK=supreme+court+decision#sthash.OYzAxsJs.dpuf
A member of the Oklahoma House drafted a resolution Wednesday seeking the impeachment of state Supreme Court justices who granted a delay of execution to two death row inmates.
Republican state Rep. Mike Christian told The Associated Press that the five justices engaged in a "willful neglect of duty" when they granted stays of execution Monday to Clayton Lockett and Charles Warner, both of whom were scheduled to be executed this month.
Lockett and Warner, who aren't challenging their convictions, have filed a civil lawsuit seeking the source of the drugs used to execute them. Pending the resolution of that lawsuit, they asked for a stay of execution.
The Court of Criminal Appeals has said it couldn't weigh in on the delay of execution because it didn't have the power or the authority, so the high court said a "rule of necessity" led to its decision Monday. Under the state constitution, the Supreme Court handles civil cases while the Court of Criminal Appeals takes those involving inmates.
"This is a case of our state's judges inserting their personal biases and political opinions into the equation," said Christian, a former Oklahoma Highway Patrol trooper.
An impeachment effort would have no impact on the current proceedings, which has put the state's two highest courts at odds. Attorney General Scott Pruitt claims Oklahoma is facing a "constitutional crisis," but the high court's action is a victory for the inmates and their lawyers, who have successfully used questions about drug secrecy to at least temporarily shut down Oklahoma's death chamber.
While courts in Missouri and Texas have rejected claims that secretive death row procedures could expose inmates to painful executions, Lockett and Warner benefited by bypassing the Court of Criminal Appeals and taking their plea directly to the Oklahoma Supreme Court.
Gov. Mary Fallin halted Lockett's execution to ensure he won't be put to death before his day in court, but complains the state Supreme Court strayed from a mandate that it handle only civil matters when it issued its own order stopping executions over the drug question.
"There is no reasonable rationale of this being anywhere near the realm of a civil case," said Rep. Aaron Stiles, the chairman of the House Judiciary Committee. He complained that the state Supreme Court, which often strikes down legislative initiatives as unconstitutional, has crossed a line by granting a stay of execution.
Whether you are the victim of internet defamation or being wrongfully accused of internet defamation, you need to understand the law. In order for a comment, post or article to constitute internet libel, the following elements must typically be met:
- The first thing you must prove is that the statement constitutes a false statement of fact. A fact is different than an opinion. A fact can be proven true or false. Opinions are typically not actionable as defamation.
- The false statement of fact must harm your reputation. There are many false statements posted across the internet. In order to constitute libel, a statement must not only be false but must harm you or your company’s reputation and cause harm.
- The false statement of fact causing harm must be made without adequate due diligence or research into the truthfulness of the statement. Alternatively, plaintiffs often attempt to prove that the false statement of fact was made with full knowledge of its falsity.
- If the person who is the subject of the false statement of fact is a celebrity or public official, the plaintiff must also prove “malice.” Malice is proven when the person posting the information on the internet intended to do harm or acted with reckless disregard of the truth in making the statements.
There is often confusion about the differences between defamation, libel and slander. In many ways, courts treat defamation on the internet similar to off-line defamation. But there are differences which you need to understand when the false statements are made on-line.
- Defamation: An unprivileged false statement of fact which tends to harm the reputation of a person or company. This is a catch-all term for both libel and slander.
- Libel: Defamation which is written such as on a web site. Most on-line defamation occurs through libel by posting a web page, comment, bulletin board post, review, rating or blog post.
- Slander: Defamation that is spoken such as through an transcribed video, podcast or audio file.
It is so easy to sit down at your computer, iPad, or smart phone and vent your aggression, anger, or frustration by posting negative or false comments about someone else. In order to protect yourself, you create a special gmail address containing a name that is not in any way related to you. You use this gmail address to create an account on Yelp, ComplaintsBoard.com, RipOffReport.com, Google, or some other platform. You then set to work, flaming the person who is the target of your anger and frustration with all kinds of statements that you know will hurt their reputation.
You think you are very clever. You smile knowing how smart you really are. You feel anonymous and powerful. But guess what? An internet defamation attorney such as myself can find out who you are. Chances are, you have left digital clues as to your identity in thedefamatory post itself or related to the account you created so cleverly to remain anonymous. But even if a good internet and technology attorney cannot quickly identify you from your digital trail, I could always send a subpoena to the platform on which you posted. Chances are, they have your IP address which will tell me what internet connection you used in order to post anonymously. From there, I can subpoena the internet service provider to find out who owns the account through which you accessed the internet. Assuming that doesn’t reveal your identity, I can always identify the computer used on the account to access the internet and trace it directly to you. You are no longer anonymous.
Sometimes, it is important to take a step back and take a big breath of fresh air. Do not let your anger and frustration compel you to do something you will later regret. While posting false anddefamatory information is as easy as starting up your laptop, or turning on your smartphone, the damage that can be done to both you and the target of your frustration can last a lifetime. Even the best computer hackers in the world can often be traced and identified. Chances are, you don’t qualify as a world class hacker. I will find you. You will have to answer for the comments that were made online.