0
Why can the US Supreme Court hear cases on appeal from lower courts?
Wiki User
∙ 13y ago
This is called appellate jurisdiction, and is the type of jurisdiction the Supreme Court most often exercises.
A higher court may have appellate jurisdiction to hear a case from a lower court. Additionally, an appeal will not bar a subsequent trial of the same crime if the defendant was not acquitted. Therefore, if a defendant is prosecuted and found guilty, and then successfully appeals the conviction, the government is not barred from retrying the defendant for the crime.
In addition, the Fifth Amendment does not protect a person from being tried by two or more "separate governments." Thus, both the federal government and the state government are able to charge and prosecute one person for the same criminal act, which is often the case with drug related crimes. As well, two or more states can prosecute and try a person for the same criminal act if they have jurisdiction. In some cases, a person can be charged in both federal and state courts; however, in most cases, one or the other will try the defendant.
Wiki User
∙ 14y ago
Wiki User
∙ 8y agoThis is called appellate jurisdiction, and is the type of jurisdiction the Supreme Court most often exercises.
A higher court may have appellate jurisdiction to hear a case from a lower court. Additionally, an appeal will not bar a subsequent trial of the same crime if the defendant was not acquitted. Therefore, if a defendant is prosecuted and found guilty, and then successfully appeals the conviction, the government is not barred from retrying the defendant for the crime.
In addition, the Fifth Amendment does not protect a person from being tried by two or more "separate governments." Thus, both the federal government and the state government are able to charge and prosecute one person for the same criminal act, which is often the case with drug related crimes. As well, two or more states can prosecute and try a person for the same criminal act if they have jurisdiction. In some cases, a person can be charged in both federal and state courts; however, in most cases, one or the other will try the defendant.
Amicus curiae
Wiki User
∙ 13y agoYes. Most US Supreme Court cases are heard under their appellate jurisdiction. The majority of cases come from the US Court of Appeals Circuit Courts, followed by the state supreme courts (or their equivalent). On rare occasions, the Supreme Court hears cases on direct appeal from US District Courts, the US Court of Appeals for the Armed Forces, and intermediate state appellate courts.
Wiki User
∙ 13y agoThe basic idea behind appeals is to make sure that the lower court didn't make a mistake in applying the law.
Add your answer:
Earn +20 pts
Why did congress create the courts of appeal?
the Supreme Court was overwhelmed by cases
What is the US Supreme Court's most important function with regard to the lower courts?
The US Supreme Court serves as the final court of appeal
If the supreme Court makes a ruling on a case. What are the chances that a lower court will rule the same way on similar cases including state supreme Court ruling for probate cases?
A United States Supreme Court decision is mandatory on all lower federal courts. That includes federal courts of appeal and federal district courts.
Which court is HIGHER district or circuit?
In the Federal court system, the district courts are the "lowest" courts. Cases usually start in district court and are decided there. The circuit courts are courts of appeal. That means that you can appeal a district court's ruling to the circuit court (and then to the Supreme Court, if you still don't like the ruling). In that sense, the circuit courts are "higher" than the district courts.
What court hears cases?
The Customs Court Act of 1980 replaced the old United States Customs Court with the United States Court of International Trade. The court is situated in New York City, NY, but is empowered to sit anywhere in the US, including foreign nations.
Name three superior courts in South Africa?
The provisions in the Constitution clearly spell out the composition of the judiciary. The judiciary authority is vested in the courts. There are five types of courts: 1. The Constitutional Court (the highest court) 2. The Supreme Court of Appeal 3. The Supreme Courts 4. The Magistrate's Courts 5. Any other court of comparable status to the Supreme Courts or Magistrate's Courts which has been instituted or is recognised by an Act of Parliament
What kind of courts report to the Supreme Court?
The US Supreme Court is head of the Judicial Branch of government. The "inferior" courts in this branch are:US District CourtsUS Court of International TradeUS Court of Appeals Circuit Courts
What court gets to choose what cases to hear?
(in the US) The state and federal courts of appeal and the state and federal supreme courts get to review the cases submitted to them before deciding to accept them for their review or not.
What are the names of the 3 courts that make up the judicial branch?
There are 3 "levels" of courts that make up the judicial branch. These are: 1. Trial courts 2. Courts of appeal 3. Court of last resort. Another system of levels comprised within the judicial system is district courts, circuit courts, and appellate courts.
The Supreme Court is mainly what kind of court?
In most cases, supreme courts are final appellate courts.
What are the most powerful to least powerful courts in the judicial branch?
The Supreme Court is the most powerful federal court. The Courts of Appeal are the most powerful courts most litigants will ever reach (the Supreme Court only hears a tiny number of cases a year). The District Courts are the trial level courts.
What cases does the Supreme Court go over?
Cases that appealed from the court of appeal.
