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What does the losing side of a case have the right to do?
Generally, the losing side of a case has the right to appeal the decision.
What if a state declares a law unconstitutional and void?
If a state court declares a state law unconstitutional, the state will probably appeal the case to the state supreme court. If a state court declares a federal law unconstitutional, the losing party in the case will appeal the decision in the federal courts. The case could ultimately be heard by the US Supreme Court; however, if a lower court reverses the state court's decision and either the appropriate US Court of Appeals Circuit Court or US Supreme Court decline to consider the case, the decision of the lower federal court would be final. The US Supreme Court is the ultimate arbiter of constitutionality.
If the Supreme Court decides not to hear a case what then becomes the final decision in that case?
The decision of the previous appeals court that heard the case is the final decision should the Supreme Court refuse to hear the case.
What does it mean if a losing side in a court case wants to appeal the case?
It means that they want another shot at the case or they think the lower court was wrong, so they appeal to a higher case which reviews the lower court's decision for an error in law and facts. If they win on appeal, the appellate court either rules in their favor or remands (returns) the case back to the lower court to redecide.
The Supreme Court must have a to render a decision in a case?
The Supreme Court must have a simple majority to render a decision in a case.
What does it mean if an appellate court affirms a judgment?
"Affirmed" means the appeals court found no error or cause to reverse the decision of the lower court, and upheld the original decision. This means the decision of the lower court is final, unless the losing party petitions a higher court of appeal (if one exists). If the highest court capable of reviewing the case affirms the lower court decision, the decision is binding and the case legal complete (res judicata).When an appellate court 'affirms' the decision, they are agreeing with the lower court.As an example, let's say:Matt is arrested and charged with first degree murder. During the trial, it comes out that the police did not read Matt his Miranda Rights. If Matt is convicted of murder, he has the option to appeal to a higher court.Matt appeals over the fact that he was not read his rights after arrest. If the appellate court 'affirms' the previous court's decision, Matt's appeal was dismissed (or Matt lost).Matt would still be forced to serve the first degree murder sentence.
To apply a higher court for reconsideration of the decision of a lower court is to?
Appeal the decision of the court.
What is the decision of the lower court if the US Supreme Court refuses to hear a case?
The decision of the lower court is final.
When there is an objection to a decision in court the case goes where?
court of appeal
What does a appellate court do with a case?
An appellate court reverses the decision
What do an appellate court do with an case?
An appellate court reverses the decision
What do an appellate court do with a case?
An appellate court reverses the decision
