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Does the US Supreme Court have appellate authority over all cases decided in the state courts?
Wiki User
∙ 13y ago
No, the US Supreme Court has final appellate jurisdiction over all cases tried and appealed in the federal court system, but only has jurisdiction over state supreme court cases with (preserved) federal questions, meaning issues involving the US Constitution, federal law or US treaties. The Court cannot hear state cases that only involve local and state laws or state constitutional issues.
Wiki User
∙ 13y ago
Wiki User
∙ 12y agoNo. The US Supreme Court only has appellate authority over cases with federal jurisdiction. Some state court cases could also be heard in federal court, some can only be heard in state.
Added: Generally speaking, they CAN exercise authority over decided state cases.
Do they often exercise this power? No, hardly ever, but the authority for it DOES exist.
Normally the state case would have to be appealed into the federal system as having some Constitutional ramification and which could, conceivably, bring it before the Supreme Courts. But, on their own initiative The Supremes may decide that a state case has over-riding Constitutional merit which requires their more immediate attention, and elevate it on their own initiative. Thereby they bypass the lengthy appeals process that might otherwise ultimately bring it before them anyway.
Wiki User
∙ 13y agoYes and No. The US Supreme Court is required to hear appellate cases, but it has complete discretion over which appeals, and how many, it chooses to hear.
Explanation
The Supreme Court of the United States and individual state supreme courts (courts of last resort) are able to exercise discretion over the cases they hear, under most circumstances. State supreme courts have mandatory appellate jurisdiction over capital punishment cases, meaning they are required to review all death penalty sentences within their state.
The U.S. Supreme Court gained the right of judicial discretion in determining which cases it hears in the Judiciary Act of 1925 (also called the Judges' Bill and the Certiorari Act). Prior to this legislation, which was heavily promoted by former US President, Chief Justice William Howard Taft, the Court was obligated to review all cases appealed under its jurisdiction.
The legislation was passed as a matter of practicality. By the late 19th-century the Supreme Court's caseload was so heavy, the requirement to hear all cases sometimes caused delays of several years between the time a case was placed on the Court's docket and the time it was heard.
In the 1970s, Congress reduced the Court's scope of mandatory appellate jurisdiction to a few categories of civil rights suits and certain issues involving federal and state government.
The US Supreme Court was relieved of all mandatory appeals in 1988, including the requirement to consider death penalty appeals. Nevertheless, the Court frequently reviews and makes decisions on these cases without issuing a full opinion.
Most cases reach the US Supreme Court through a petition for a writ of certiorari, a formal request for the Court to review a case, as required by federal law (28 USC § 1651).
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What is the busiest courts in Arizona the supreme court the superior court or the appellate courts?
Appellate courts
Can supreme courts rule over intermediate appellate courts?
Yes, that is why the court is "supreme."
The Supreme Court is mainly what kind of court?
In most cases, supreme courts are final appellate courts.
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).
The three Federal courts are _____________.?
Supreme, Appellate, District
Which courts have original and appellate jurisdiction?
supreme court
What types of English court are there?
District, Supreme and appellate courts
How does the appellate court relate to the Supreme Court?
Federal and state supreme courts (or their equivalent) are the highest appellate courts in their jurisdiction and have authority to make the final decision on a case under review.Supreme courts usually have what's informally known as "intermediate appellate courts" immediately below them. In the federal judiciary, the US Supreme Court is higher than the thirteen US Court of Appeals Circuit Courts (intermediate appellate courts).Some of the differences are:The Supreme Courts set binding precedents for all courts in a given state or nation, whereas intermediate appellate courts only set binding precedents fewer courts or a smaller territory.Supreme Courts have much more latitude (discretion) over the cases they hear; intermediate appellate courts have mandatory jurisdiction over more types of cases.There is usually only one supreme court for a given state or nation (although Texas has two), but many intermediate appellate courts.The intermediate appellate courts here more cases.Supreme courts consider cases en banc (as a full court); intermediate appellate courts are more likely to assign one judge or a three-judge panel to review a case, although they do occasionally hear cases en banc, as well.
Which courts have both appellate and original jurisdiction?
The U.S. Supreme Court.
What type of federal courts serve the same function as the State appellate courts?
The Supreme Court
What types of federal courts serve the same function as the State appellate courts?
The Supreme Court
What is the official title of Vermont's appellate courts?
The Vermont Supreme Court.
