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When an appellate Judge overturns a lower Judge's ruling can the lower Judge once again overturn the decision?
The lower court cannot overturn the higher court's decision.
How does the supreme court overturn a lower courts decision?
By issuing a judicial review.
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.
What are State appeals courts responsible for?
For reviewing cases that they grant hearings and appeal rights to. They can affirm the decision of the lower court, they can overturn the decision of the lower court, or they can remand the case back to the lower court for further action or re-tial.
What powers does congress have over the federal courts?
Congress has power over the courts because it makes the laws which it must use to try a case. If the court finds the law unconstitutional, they can overturn it.
What happens if the Supreme Court refuses to hear a case on appeal from the lower courts?
The ruling of the court below the Supreme Court will be upheld. The Supreme Court is similar to an appeals court. If they don't want to take the case, then whatever the court ruling was will stand.
When are Supreme Court cases heard?
The Supreme Court is the court of last resort. When all appeals and lower courts have heard and ruled on a case it may go to the Supreme Court, but the court doesn’t have to hear it and may let the lower ruling stand or kick it back to the lower federal court.
What happens if a Supreme Court decision is not followed by lower courts?
Maybe nothing. If a party to the decision appeals, the lower court could get overturned. Also, if in a subsequent case a party relies on the lower court decision, a court could choose not to follow it or a higher court could overturn it.If the supreme court makes a ruling, lower courts are obliged to follow it. Any judge who fails to do so can find his rulings overturned. Basically, that means the losing side can go to another judge, point out that the first judge's decision contradicts the supreme court, and ask to have that decision set aside.One of the most important factors in a judicial system is consistency - laws need to be applied in the same way everywhere they are applied.
What three rulings can result from a case in federal appeals courts?
"Affirmed," meaning that the appellate court agreed with the ruling of the lower court; "reversed" (or "overturned") meaning that the appellate court did not agree with the ruling of the lower court; and "remanded for further proceedings" meaning that the case could not be resolved or fully resolved on appeal and requires further hearings or argument in the lower court.Affirmed - Reversed - Remanded
What are appeals courts?
An appeals court is where a person who has been sentenced in a lower court take his case before a higher court to decide whether the lower court did things correctly, reached a correct verdict or handed down a reasonable sentence. The verdict can be let stand, be reduced, or be thrown out, or the case can be returned to the lower court with instructions to do something differently before reaching a decision. It has been known for an appeals court to lengthen a sentence!
How does appellate jurisdiction differ from original jurisdiction for federal courts?
Original jurisdiction only applies to courts that hear cases before any appeals can be made. -Apex
What does it mean to say that supreme court decisions establish legal precedent?
As the highest court in the US, a ruling by the Supreme Court can not be challanged legally.In effect lower courts must make rulings on cases in line with any historic, relavent Supreme Court decisions (or their rulings will be overturned by higher courts).This means that a ruling by the Supreme Court sets the US legal standard - sets a precedent."precedent" means coming before another or others in time, place, rank, or sequence.
