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Does a ruling by the 9th us circuit Court of Appeals apply to every state in the union?
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Have only appellate jurisdiction and receive most of their cases from District Courts within their circuits?
The United States Courts of Appeals and the Supreme Court of the United States can have appellate jurisdiction over federal District Courts and when District Court rulins are appealed, the U.S. Courts of Appeal are the courts appealed to.
What are two major possible outcomes of a landmark US Supreme Court case?
There are more than two possible outcomes of a US Supreme Court case, regardless of whether the case is considered a landmark decision or not, but generally, the decision of the last court to hear the case (typically one of the US Court of Appeals Circuit Courts) will be either affirmed or reversed. There are subtle, but meaningful, variations that may apply, but essentially the Supreme Court will either agree with (affirm) or disagree with (reverse) the lower court ruling.
How does a district court differ from the circuit court?
It really depends what kind of courts you are talking about and where the courts are. If the courts are federal, then a district court is a trial court and a circuit court is an appeals court, which may review a trial decision from a district court. For state courts, the difference between a district court and a circuit court will depend on what state the courts are in. Many states have courts called "district court" and "circuit court," but what kinds of cases these courts handle differs state to state.
What does it mean by the judgment of the court of appeals for eleventh circuit is reversed and the case is remanded for reinstatement of the judgment?
This means that the US Supreme Court overruled a decision by the US Court of Appeals for the Eleventh Circuit, which had earlier overruled a decision of the US District Court and vacated the District Court's judgment. The Supreme Court ruling is saying that the Appeals Court made a mistake when the Appeals Court said the District Court made a mistake. The Supreme Court is also agreeing that the original judgment given by the District Court is correct after all and it is telling the Appeals Court to reinstate the District Court's judgment.
What can you do to get a change of venue from supreme court to family court when the ruling states that supreme court no longer has jurisdiction 1 year after the divorce.?
Clarification needed. Are you sure you mean SUPREME Court or do you actually mean SUPERIOR Court? If your state SUPREME COURT has ruled "no jurisdiction," then you're out of luck - no court in your state will handle it. Additionally - you may be out of luck anyway. So-called "family court" is nothing more than a division of Superior (in some states they're called "Circuit" court) and a ruling of 'no jurisdiction by a superior court judge would also apply to the family division of the same court.
Did the Third Amendment reach the US Supreme Court?
No, not yet. The Third Amendment remains unincorporated (does not apply to the states), except in the Second Circuit due to the decision of the US Court of Appeals for the Second Circuit in the case Engblom v. Carey, 677 F.2d 957 (2d.c. 1982).The US Supreme Court has not granted certiorari on a Third Amendment case to date.For more information, see Related Questions, below.
What takes place in federal district courts that does not happen in federal appeals courts or in Supreme Court?
Trial by jury is a right in the lower courts that does not apply in appeals courts or the Supreme Court. The jury makes findings of fact and fact is no longer in issue on appeal.
Does the US Court of Appeals for the Ninth Circuit have to follow a decision of the US Supreme Court concerning a federal issue?
Yes, if it doesn't want its decision to be overturned.Lower courts are expected to adhere to the doctrine of stare decisis, (Latin: let the decision stand) when deciding cases that have established precedent. This helps the judiciary apply the law fairly and consistently.Each case is unique, however, so each court that hears a particular matter may have a different interpretation as to which precedents are controlling and why. That is the type of case that often ends up in the Supreme Court for clarification.
What takes place in federal district courts that does not happen in federal appellate courts including the US Supreme Court?
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.
What does a ruling become for future decisions once the supreme court rules on a case?
Once the Supreme Court rules on a case, the ruling becomes binding precedent for future decisions. This means that lower courts are required to follow and apply the same legal principles established in the Supreme Court's ruling when deciding similar cases in the future. The ruling sets a legal standard that must be followed unless it is later overruled or modified by a subsequent Supreme Court decision.
Does the Texas Supreme Court have jurisdiction to tell the Texas Court of Criminal Appeals what to do?
No. Texas and Oklahoma are unique in that they each have two appellate courts functioning as the highest court in the State. In Texas, the Supreme Court reviews civil and juvenile cases, while the Court of Criminal Appeals reviews adult criminal cases. The two courts are independent of each other and of equal power, so neither has jurisdiction over the other's cases. The only exception is that the Supreme Court of Texas is responsible for devising and updating the Texas Rules of Appellate Procedure, which also apply to the Court of Criminal Appeals.
Three levels of the federal court system?
First level is the federal district courts. Most lawsuits brought in the federal system start in the district court (although some go directly from state courts to the U.S. Supreme Court). The case must be brought in the district court that is related to the defendant or where the incident occurred.The second level is the federal courts of appeals. As the name suggests, those who believe that the district court has misapplied the law or abused its discretion in the handling of their case appeal to these courts. The appeals courts within a circuit attempt to apply the law consistently within their circuit. They are bound only by the Congress and by U.S. Supreme Court, not the holding of the other circuits.The third level is the U.S. Supreme Court. Some types of cases may be brought directly in the Supreme Court, but most travel from the federal district court through a circuit court of appeals, to the Supreme Court. The Supreme Court has four primary roles: determining if acts of the U.S. Congress are constitutional; reviewing state laws and court decisions for conflicts with the Constitution and acts of Congress; adjudicating conflicts between the states; and resolving conflicts between the federal circuit courts of appeals.The case must involve federal statutes or regulations, constitutional rights, suits between states, or suits between citizens of different states. Cases involving constitutional issues such as the right of privacy are brought in the federal courts. Cases involving antitrust law, racketeering law, and Medicare/Medicaid laws are brought in the federal courts because these are federal laws that were broken.The three levels are U.S. District Court, U.S. Court of Appeals, and the U.S. Supreme Court.
