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A case over which the federal courts have jurisdiction.
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∙ 13y ago
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What steps do cases go through to reach the Supreme Court?
The case must first be heard at the lowest level of court. Most states have a court system that exists in the same area as a federal magistrate court or federal district court. The case must be decided by the lower court and appealed to a higher court. In the federal system this is the circuit court. Once all the lower courts have been exhausted, the lawyers may apply to be heard by the Supreme Court. The Supreme Court will determine which cases it will hear.
A supreme court case must be decided by?
a simple majority
Before their case is decided before the supreme court of the United states what must the parties to the case do?
Before their cases is decided before the Supreme court of the United States, the parties must make their final submissions.
What must court case involve in order for the Supreme Court to hear them?
Constitution, treaties, or Federal Laws
Must a case in which a resident of Nebraska sues a citizen of Louisiana be heard in federal court?
No
What must be involved in a case for it to go to federal court?
Felony and treble damages, utherwise u have mesdemenor. Federal court is for federal crimes and municpal court and others is for other type of crime. Dont get it mixed up.
Must a case in which a resident of nebraska sues a citizen of Louisiana be heard in a federal court?
No. If the suit is over a certain dollar amount, it can be heard in federal court under diversity jurisdiction. If it involves federal law, it can also be heard in federal court under federal question jurisdiction. Unless it is a matter of exclusive federal jurisdiction, the state court maintains concurrent jurisdiction.
What branch of government reviews both federal and state court decisions?
Appellate courts in the Judicial Branch of the federal government have jurisdiction (power, authority) to review lower court decisions if the case is sent to them on appeal. Judges don't go looking for cases to review.Generally,* in order for a state case to be removed to federal court, the case must involve a a federal question. A "federal question" is one that involves matters related to federal law, the US Constitution or a US Treaty. State cases appealed to the US Supreme Court additionally must have exhausted all avenues of appeal in the state court system, and the federal question must have been "preserved," meaning it have been raised at trial and at each subsequent level of appeal.* There are some exceptions, but including them would make the answer to this question unnecessarily complex (some people may think it already is).
Why does it make sense that a supreme court decision is not permanently binding?
The decision is binding for the particular case decided on by the Court. Of course the Government can change the law, and that law must be obeyed.
Can a federal court overrule an opinion of a state court?
There is no such thing as a tribal court in US law. If you are referring to a Native American reservation, they are sovereign land, and not subject to any United States jurisdiction, except where crime crosses the border into US soil.
What case can be heard in federal court?
It really depends, but for crime it is interstate, or if somebody is suing the national government. This is not a complete answer.The simple answer is, in any of the following conditions:Whenever a Federal criminal statute has been broken.If, in a civil case, the Civil Law in question is a Federal one (e.g. Maritime law regarding salvage rights)When there is a possible violation of Constitutional Rights (e.g. Habeas Corpus)When both parties to the dispute are StatesWhen one party of suit is the US Federal Government (i.e. the Federal Government is being sued or is suing someone)If there is a dispute about which State should have jurisdiction in a case (either criminal or civil), a Federal court will either (a) make a decision as to who has jurisdiction to hear the case, or (b) decide to have the case moved to Federal court.Typically, appeals of State Court decisions must fall under #3 - that is, there must be some Constitutional issue to be decided. Federal Courts do NOT act as general review of State courts. For instance, murder is usually a State crime, and would be prosecuted in a State Court, with possible appeals of issues in the murder case handled up to the State's Supreme Court. A Federal Court could only get involved if there was a possible violation of a Constitutional Right; in which case, the Federal Court is not ruling on the facts of the murder case (i.e. isn't deciding whether the defendant is guilty of murder), but is ruling on the application of Constitutional Rights in the case. Of course, this may result in the defendant being set free, but that's not the same as declaring the defendant innocent (indeed, it is possible to re-try the case without Double Jeopardy attaching).
When a case has been removed to Federal Court must the State court stop till and if the case is remanded back to the State Court?
Yes. Any state action is held in abeyance until it is determined what the federal circuit will do with the case. This does not necessarily mean that the state will cease investigating or collecting information to bolster its case - ONLY that any legal action at the state level will cease.
