Appeals A+
Questions of law are determined by statutes, legal precedents, and constitutional provisions. They involve the interpretation of legal principles and rules, rather than the facts of a case. Courts, particularly appellate courts, typically address questions of law to ensure consistent application of the law across cases. Ultimately, the resolution of these questions shapes legal standards and guides future judicial decisions.
Courts can rule on legal questions, interpreting and applying laws to specific cases. However, political questions, which typically involve issues best resolved by the legislative or executive branches, may be deemed non-justiciable, meaning courts may refrain from ruling on them. The distinction between legal and political questions often hinges on whether the issue involves the interpretation of law or is more about policy decisions. Ultimately, the ability of courts to rule on such matters varies by jurisdiction and the specific circumstances of each case.
The Supreme Court and other appeals courts usually do not hear any cases that involve issues of fact; instead, they focus on questions of law. These courts primarily review decisions made by lower courts to determine if legal principles were correctly applied. Additionally, they typically avoid cases that are deemed moot or lack a substantial federal question.
In general, federal cases involve violations of federal laws or the U.S. Constitution, while state cases involve violations of state laws. Federal cases are typically heard in federal courts, while state cases are heard in state courts. Federal cases may involve multiple states or parties from different states, while state cases are typically limited to one state. Federal cases can also involve more complex legal issues and procedures compared to state cases.
The Supreme Court hears cases primarily through a process called "certiorari," where it selects cases that involve significant constitutional questions, federal law issues, or conflicts among lower courts. The Court typically hears cases that have broad implications for legal principles or public policy. Additionally, cases are often chosen if they address important legal questions that require clarification or resolution. Ultimately, the Court accepts a small percentage of the thousands of petitions it receives each year.
In the US, there are more State courts than Federal courts, and State courts have jurisdiction over more issues than do Federal courts. As a result, most legal proceedings are in State or local courts.
Civil cases involving large amounts of money are typically heard in state or federal courts, depending on the jurisdiction and the nature of the case. In the United States, these cases may be presided over by a judge or, in some instances, a jury, especially if they involve significant legal disputes or complex issues. Additionally, specialized courts, such as commercial courts or business courts, may also handle these types of cases.
No, appeals can involve questions of both fact and law. While questions of fact pertain to the evidence presented in the trial, legal questions involve the interpretation and application of the law. Appellate courts often review legal questions de novo, meaning they consider them anew, while factual determinations are typically reviewed for clear error. Thus, appeals can address a range of issues beyond just factual questions.
Common law questions that frequently arise in legal cases include issues related to contract disputes, property rights, negligence, liability, and criminal law. These questions often involve interpreting precedents set by previous court decisions and applying them to the specific facts of the case at hand.
When one does not believe they've received a fair trial, they appeal their case to a higher jurisdiction. The court they appeal to is the "Appellate Court", "Court of Appeals", etc. Any of those names are acceptable, as they refer to the same thing.
KING henrry 2nd was responsible for establishing local courts to hear legal cases in England during the twelfth century
Cases involving serious crimes like murder and kidnapping are typically heard in criminal courts, specifically in higher-level courts such as state or federal trial courts, depending on the jurisdiction and the nature of the crime. In many jurisdictions, these cases may also be adjudicated in specialized courts, such as a felony court. Additionally, if the case involves significant legal questions or appeals, it may be brought before an appellate court.