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If a court may try a case already tried in a lower court what kind of jurisdiction does that higher court have?
Wiki User
∙ 14y ago
A higher court may have appellate jurisdiction to hear a case from a lower court. Additionally, an appeal will not bar a subsequent trial of the same crime if the defendant was not acquitted. Therefore, if a defendant is prosecuted and found guilty, and then successfully appeals the conviction, the government is not barred from retrying the defendant for the crime.
In addition, the Fifth Amendment does not protect a person from being tried by two or more "separate governments." Thus, both the federal government and the state government are able to charge and prosecute one person for the same criminal act, which is often the case with drug related crimes. As well, two or more states can prosecute and try a person for the same criminal act if they have jurisdiction. In some cases, a person can be charged in both federal and state courts; however, in most cases, one or the other will try the defendant.
Wiki User
∙ 14y ago
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When an appeal is filed in a case which court has jurisdiction the lower court or higher court?
A 'higher' court will hear an appeal from a 'lower' court
What is it called when the supreme court hear a cast that has already been heard in the lower court?
Appellate jurisdiction
What is high court?
A high court usually has jurisdiction over many lower courts. When an appeal is made, it is made to a high or higher court.
What court not have appellate jurisdiction?
Lower Courts or District Courts. In a nutshell original jurisdicition, the first to claim power, is given to Supreme court because those guys are big. But the lower courts first get the case and if someone is not satisfied then they appeal to supreme court which is known as appellate jurisdiction. Most cases that supreme court get are appellate jurisdiction which means they have already been heard in lower courts.
What type of jurisdiction is held by court that reviews the proceedings of a lower court?
Appellate court.
How are lower state courts different from higher state courts courts?
The lower state courts are courts of original jurisdiction and hear all cases within their purview and conduct jury trials. The higher state courts are not courts of original jurisdiction, only hearing cases that are referred to them by appeal of a lower court verdict or by motion. They conduct non-jury trials. These courts are the Court of Appeals and the State Supreme Court.
What does the term inferior court mean?
It refers to any court which is lower in jurisdiction to another couirt. For instance: Courts of original jurisdiction are "inferior" to Appelate Courts. Appelate Courts are "inferior" to the Supreme Court.
What is Appellate court.?
An appellate court is a court with the jurisdiction to hear appeals and review a lower court's decision.
What appellate court's?
An appellate court is a court with the jurisdiction to hear appeals and review a lower court's decision.
What is an appellate court?
An appellate court is a court with the jurisdiction to hear appeals and review a lower court's decision.
Is the Supreme Court's power to review the decisions of lower courts called inferior jurisdiction?
No, the Supreme Court reviews decisions of lower (inferior) courts under its appellate jurisdiction.
What is the purpose of appellate jurisdiction and original jurisdiction?
To distinguish between higher and lower courts
