Читать книгу Intellectual Property Law for Engineers, Scientists, and Entrepreneurs - Howard B. Rockman - Страница 41

The U.S. Supreme Court is the highest tribunal in the United States. The final court of appeal, the Supreme Court is established under Article III of the U.S. Constitution, which provides for a Supreme Court and whatever inferior federal courts that Congress may from time to time require. Since the Constitution mentions “a” Supreme Court, all nine justices sit at one time on all cases, and the court is not divided into smaller panels, although this procedure would at least triple the ability of the Supreme Court to hear cases.

There are certain situations in which the Supreme Court has direct jurisdiction to handle cases. These are the ones involving ambassadors, public ministers, counsels, cases in which a state is a party, and a few others. In all other cases, matters reach the Supreme Court by appeal, and the Supreme Court has the ability to accept or not accept an appeal. Cases are appealed to the Supreme Court from either U.S. appellate courts or from the state’s highest courts in the normal course of events. An appeal from an appellate court in the federal system is usually made to the Supreme Court by seeking a “writ of certiorari.” If the writ is accepted by the Supreme Court, the Supreme Court will hear the case and render a decision. Only a very small number of such writs of certiorari are accepted by the Supreme Court, presently in the range of 1–20. In those cases where the Supreme Court does not accept certiorari, it may be understood that the Supreme Court agrees that the appellate court decision being appealed from is correct and should be allowed to stand.

The nine Supreme Court justices have the final say about what our law shall be in many important respects. They are not the legislative branch of the government; however they have a highly significant function to interpret what is meant by the wording of the Constitution or of a particular statute passed by Congress. The court also determines the lawful interpretation to be used in future cases of lower courts. If the Supreme Court gives an interpretation to a particular statute of Congress, and Congress disagrees with that interpretation, Congress can then enact legislation that would overcome the Supreme Court’s interpretation of the language of the statute.