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2012-02-13 03:25:55
2012-02-13 03:25:55

the lower courts ruling is final

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The Supreme Court's decision refers the case back to the lower court that must review the case and change the ruling. I hope this helps!


No. Judicial review was established by the Supreme Court decision in Marbury v. Madison


Only reverse this decision. that is called judicial review.


The US Supreme Court is the final arbiter of the Constitution, so its role in judicial review is that of making the ultimate decision about what is, and is not, constitutional.


The effect of the Supreme Court's decision on Marbury v Madison is that it is now viewed as the classic expression of judicial review.


A writ of certiorari is an order that allows the Supreme Court to review lower court cases. This writ is not limited to the Supreme Court, it may be used by any appellate court needing to review a case.



If the U.S. Supreme Court denies a petition for a writ of certiorari (a request to hear a case on appeal), then the decision of the lower court is final. Denial of certiorari occurs in 98-99% of cases, and in no way implies that the court agrees with the lower court's decision. Denial only means that the case, as presented, isn't of sufficient importance to warrant a review, doesn't involve constitutional issues, conforms to a precedent already set, falls outside the court's jurisdiction, or is moot, etc. Between 7,500 and 8,500 cases are presented for review each year, but the court can only choose 80-150 to hear, so the Justices have to limit themselves to those cases that have the greatest impact on the law and on society.



Marbury v. Madison established the concept of judicial review. Judicial review is the right of the Supreme Court to declare a law constitutional or not.



Yes. Miranda was convicted at his second trial, and the decision was affirmed by the Arizona Supreme Court. The US Supreme Court denied certiorari to review the second trial in 1969, leaving the decision of the Arizona Supreme Court controlling.


A writ of certiorari is a form of judicial review where a court is asked to consider a legal decision of a lower court, an administrative tribunal, judicial office, or organization (eg: government) and to decide if the decision made by the inferior body has been regular and complete, or if there has been an error of law, and if the tribunal had the power to make the decision complained of, or whether the tribunal exceeded its powers in issuing the decision complained about.For example, a certiorari may be used to wipe out a decision of an administrative tribunal which was made in violation of the rules of common law, such as a failure to give the person affected by the decision an opportunity to be heard.Therefore: If the court denies certiorari, then it has ruled that, in its opinion, it has no need (or perhaps no jurisdiction) to review or examine the matter at hand.


John Marshall's decision helped the national gov't because it established Judicial Review which is when the Supreme Court rules a law unconstitutional.


Supreme Court Review was created in 1960.


The main duties of the Supreme Court justices are:Hear important casesReview briefs and discussVote and then issue a decision


Marbury vs Madison established the principle of "judicial review."Judicial review says the Supreme Court can decide on whether laws passed by Congress and signed by the President are constitutional.


ALL lower courts, both state and federal, can be reviewed by the Supreme Court. Every court in the nation is subordinate to the US Supreme Court.


you can ask a higher court to review the verdict and replace it with a different decision.



Yes, when there is a preserved federal question involved in the state supreme court's decision. Federal questions like the constitutionality of a state law are allowed to be raised and determined in state courts. If the state action goes to the state supreme court, but one party alleges that the state supreme court decision is wrong because it mistakenly interprets the US Constitution or federal statute, the US Supreme Court may, if it chooses, take an appeal from the state supreme court decision.If the state supreme court decision is based entirely on the state constitution or state statute with no issue of a federal nature, then the US Supreme Court has no jurisdiction and may not hear the case.When the case has been decided by the highest state court of appeals (state Supreme Court), involves a question of federal or constitutional law, and a party to the case has petitioned for a Writ of Certiorari from the US Supreme Court.Likewise, if a case on appeal from a state supreme court is denied a writ of certiorari from the US Supreme Court (as happens 98-99% of the time), the decision of the lower court is final.


who decides whether or not the supreme court will review a case


Certain cases are important enough to require the authoritative decision of the nation's highest court rather than being decided by a lower court. If issues of constitutional interpretation are involved, that is the specialty of the Supreme Court.


It didn't. Judicial review is the US Supreme Court's greatest power.


the Supreme Court can with the power of the judicial review, declare a law unconstitutional.



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