US Supreme Court

Why can one not appeal a supreme court decision?


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2017-10-26 05:29:22
2017-10-26 05:29:22

Because the Supreme Court is the highest ranking court.

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The supreme court sided with the defendant.The company decided to appeal against the ruling with the supreme court.

There is only one Supreme Court, while there are thousands of regular courts.The Supreme Court makes the final decision on all cases which gain appeal to it. Therefore, once the Supreme Court has made a decision it is final.The only way a Supreme Court decision can be appealed is by the case again going through the whole process of appeal through the lower "regular" courts then coming up again to the Supreme Court. Even then the Supreme Court can rule that it has already ruled on such a case, and therefore will not hear the appeal.That is partly why the Supreme Court is known as the "court of last resort."For more information about the federal court system, see Related Questions, below.

You could appeal to the Supreme Court for a rehearing within 30 days of the decision, if you have new information or evidence to support your case; otherwise, the decision of the Court is final. In any given case, one side is satisfied and the other is not.

The case is tried in a trial court - If the outcome is not satisfactory to one of the parties to the case, it may appealed to the Court of Appeals. The Appeals Court will review the case and IF THEY WISH TO ACCEPT IT for review, they will consider the case and render a decision on the question contained in the appeal. If that appeal is not satisfactory to one of the parties in the case, that ruling may be appealed, yet again, to the Supreme Court. If the Supreme Court chooses to accept the case, they, too, will hear the case and render a decision. The Supreme Court's decision is the final word and there is no higher appeal.

You can appeal it again and again until it gets to the supreme court; their word is the final one.

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.

The Supreme Court decides cases that are appealed by a lower court; a lower court has made a decision and one of the parties feels strongly enough that the decision was wrong that they make an appeal to the Supreme Court. The Supreme Court reviews the cases and determines which ones they will hear, they have the ability to decline to review a case. The Supreme Court doesn't hear only appeals, there are situations where it is the court of original jurisdiction. In situations where there is a disagreement between states, the Supreme Court has the authority to decide.

There are two ways a case can reach the Supreme Court.The first way is by far the most common: A case is first heard by a trial court. If one of the parties doesn't like the outcome, they appeal. The case is then heard by an appeals court, who has the power to overturn the decision of the trial court. The first appeal is a "gimme" - the appeals court hears everyone's appeal. If one of the parties STILL doesn't like the outcome, they can try to appeal again. The Supreme Court, however, does not have to accept every appeal. To appeal to the Supreme Court, you have to write a "petition for certiorari." If they accept your case, we say that the Supreme Court has "granted cert."The second way is very rare: the Constitution gives the supreme court "original" jurisdiction over a narrow class of cases (mostly cases between states or involving ambassadors.) This means that if a case is of that type, the Supreme Court can take it directly, without any trial court. The court almost never accepts a case this way.

Yes, the next level of appeal above the Court of Appeals is the Supreme Court (either state or federal depending on what law you broke).

Possibly. You can appeal a case heard or rejected by the Michigan Supreme Court to the US Supreme Court, but only ifthe appeal is based on a preserved federal question. A federal question is one involving federal or constitutional law or US treaties. Preserved means the question was raised at every phase of litigation, from the trial through the appellate process.

The real issue is why does the Supreme Court choose to hear a specific case. Anyone can send a case or an appeal to the Supreme Court. The Supreme Court last served as a court of original jurisdiction in 1924. It insists that it has the right to serve in that capacity. It is doubtful that the Chief Justice has any idea of what circumstances could possibly arise that would require the Supreme Court to be a court of original Jurisdiction. Normally the Supreme Court hears appeal of cases dealing with conflicts in laws. If the fifth circuit in Baton Rouge rules one way in a specific situation and then the 11th Circuit in Atlanta rules a different way and then the Ninth Circuit in California rules yet a different way, then the Supreme Court might hear an appeal. Then the Supreme Court will listen to the material. It will make its decision. From then on, the rules as to how the law will be applied the same way in all of the different courts.

Because the U.S. constitution says so, in Article III.Article III, Section 1"The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office."There has to be a supreme court or people would appeal endlessly to a higher court. There has to be a court where the decision is final and there is no higher court to appeal to. The supreme court is there to make a ruling that is the end all decision to stop endless time clogging up the overcrowded court system.

You can make two different types of appeals, a collateral appeal and a direct appeal. A direct appeal is when a defendant petitions to the supreme court, and a collateral appeal is one made after conviction - usually based on new evidence.

Maybe, because it was the first court case on slavery that was held in the Supreme Court

The decision of the state court of last resort is not final if all of the following conditions are met:One of the parties disagrees with the court's decision andThe case involves a preserved federal question*andA party to the case files a timely petition for a writ of certiorari (request for appeal) with the US Supreme Court andThe US Supreme Court grants certiorari (agrees to hear the case) andThere are no intervening changes in federal law or other issues that render the appeal moot andThe US Supreme Court renders a decision, regardless of whether they affirm (agree with) or overturn the state court's decision.* A federal question is one involving federal or US constitutional law or a US treaty. Preserved means the question has been raised at trial and at each step of the appellate process.

You must go throught the entire judicial appeals process step-by-step. At any step of the process either the appeals court or the supreme court may reject your case for review as not being of sufficient legal importance for them to consider. There is no right to appeal EVERY case to the Supreme Court.

A case can be appealed from a state supreme court to the US Supreme Court when there is a preserved federal question involved. A "preserved federal question" means the case raises issues about the US Constitution, federal law, or a US treaty at each step of the judicial process -- from trial through appeals.Federal questions about the constitutionality of a state law may 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 consider an appeal from the state supreme court decision on a petition for writ of certiorari.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.

One example from 1803 that affected the supreme court's decision is the case of Marbury v. Madison. Since then, the court has invalidated, or canceled, nearly 200 provisions of federal law.

Appeals come about when one of the two parties in a legal case is unhappy with a judge's (or jury's) final decision. There are rules as to how many days a party has to file an appeal after the final decision. The appeal is usually filed with the next highest court. That court reviews the first court's decision.

The Constitution is the Supreme Law of the Land, which all government officials swear to uphold. Supreme Court decisions are subordinate to constitutional amendments, and represent one of the few ways a Supreme Court decision can be changed.

you can only claim a mis-trial if no verdict was rendered. an appeal is when you do not agree with the decision that was rendered in court.

Yes, in the federal court system, the point of entry is one of the 94 United States District Courts (or one of the special jurisdiction courts, such as Bankruptcy), which is a trial court. If you choose to appeal the decision of the District Court, the next step is the United States Court of Appeals for the [Appropriate] Circuit, depending on what Circuit the District court resides in. If the decision is still unfavorable, you have the right to petition the US Supreme Court for a Writ of Certiorari, to request they review your case. The Supreme Court received more than 10,000 petitions last year, but only chose to grant certiorari in 83 cases, so the statistical chance of having any particular case heard by the Supreme Court is very small.

Yes, the Supreme Court of the United States was granted power from our founding fathers as the court of last resort when, on appeal, a case is to be reviewed when there is a probability that an individual has had his or her Constitutional Rights violated. In order for an appeal to reach the Supreme Court, it is the duty of the lower courts (District Courts) to first file an appeal within the Circuit Court or Appellate Courts for state in which the trial was held. There are 11 Circuit Courts within the United States so it is imperative to learn which circuit your state belongs to. Many times, when a case first reaches the Circuit Court, it is reviewed by Federal Judges in which they will decide if an appeal is granted or denied based on the facts of case and the reason for appeal. If the Circuit Court finds no reason to believe a rights violation has occurred, an appeal can be brought further into the Supreme Court through a document; "Writ of Certiorari" asking the Supreme Court to review the case with interpretation of the Constitution.Having the Supreme Court actually review your case can be a challenge. When a case enters the Supreme Court, it is the law clerks that first review the case and make the recommendation of whether or not the case should be reviewed by one of the Supreme Court Justices. If a recommendation is denial for review, the case will be denied a review; end of the road. However, if there is substantial and undeniable evidence that exists showing a Constitutional Right has been violated, the Supreme Court Justice will put the case on the docket for discussion with the other Supreme Court Justice's. If all decide to grant a review, the case will be thoroughly reviewed and a determination can be made.The Supreme Court ruling on a case is the final say. Any interpretation of the Constitution that is made and any decision made on a case will become what is known as a "landmark decision".

Yes. The final decision in a Supreme Court case requires a simple majority (one more than half) vote of the justices who heard the case. If all nine justices hear an appeal, then at least five must agree to form a majority opinion.

there can never be a tie. there are 9 people on the supreme court. everyone has to vote. there will never be a tie. there will always be a majority for one judgement.

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