Certain cases are important enough to require the authoritative decision of the nation's highest court rather than being decided by a lower court. If issues of constitutional interpretation are involved, that is the specialty of the Supreme Court.
when two or more lower courts cannot agree on a decision
no the power of judicial review is not mentioned in the constitution. because Judicial Review was used in 13th century law but the courts didn't agree with it so it was forgotten. until the case of Marbury v. Madison that is when Judicial Review came back to the power of the Supreme Court.
the judicial branch got the power of judicial review from the case Marbury vs. Madison. judicial review is the power of the courts to declare a bill unconstitutional, judicial review was used in 13 century law but most courts didn't agree with it. in article three of the constitution it says the supreme court is the denied judicial power( judicial review).Also if the courts don't use judicial review laws that take away our rights would pass.
judicial review :] (a plus)
All US Supreme Court decisions require a simple majority vote for a decision. For example, if nine justices hear a case, at least five must agree on a decision.The only court that can overturn a US Supreme Court decision is the Supreme Court itself.
Judicial review allows the Supreme Court to look at laws and make sure they agree with the Constitution. In this way, no one person or group can seize power.
Five or more justices who agree on a decision form a majority. The written decision is sometimes called the "majority opinion," but is officially known as the "opinion of the Court" to signify its importance.
Just because the state doesn't agree, if the US Supreme Court renders a decision in your favor the state must comply! There is no higher court than the US Supreme Court - the state cannot file an appeal.
A writ of certiorari is the Supreme Court's equivalent of an appeals case in lower courts. In this process four of nine Supreme Court justices must agree that there is sufficient evidence to hear the case. If they do agree to go forward, a writ of certiorari is then created.
You can appeal it again and again until it gets to the supreme court; their word is the final one.
2/3's of the supreme court justices must agree
A dissenting opinion is written when a Justice of the Supreme Court doesn't agree with either the logic of a decision or the decision itself, and feels strongly enough to write said opinion.
There are more than two possible outcomes of a US Supreme Court case, regardless of whether the case is considered a landmark decision or not, but generally, the decision of the last court to hear the case (typically one of the US Court of Appeals Circuit Courts) will be either affirmed or reversed. There are subtle, but meaningful, variations that may apply, but essentially the Supreme Court will either agree with (affirm) or disagree with (reverse) the lower court ruling.
If the US Supreme Court agrees to review a case, they issue a writ of certiorari to the lower court ordering the case records sent to the Supreme Court.In reality, use of the formal writ of certiorari is obsolete. Today, the US Supreme Court Clerk of Court typically requests case files from the lower courts using routine administrative processes, rather than serving a court order. The justices initiate this process when they agree to grant certiorari to a case.For more information, see Related Questions, below.
When you ask for a review in a Court of law you are asking for an appeal. That means that a lower Court (or some other established system of determining competing issues such as an arbitrator's decision) has made its decision and you don't agree with it and you ask a higher Court to review what the lower Court did to see if they made any mistakes. Some things can be appealed as a matter of right which means you are automatically allowed to an appeal. Some things can only be appealed with the permission of the Court. Some times neither side is happy with a decision and they both appeal. When an appeal is heard you may be entitled to an outright reversal, a modification, a referral back to the lower Court or a new trial. The appeal court could also affirm the lower Court's decision which means they agree with what the lower court did. Different states have different names for their courts and there are usually at least two levels of appeals. In the United States the top Court is the Supreme Court of the United States which has the final say on all appeals.
Answer:Yes, but the courts have to agree to sign over the conflict and the US court must approve the minor courts adjustment because Congress stripped the US Supreme Court of original jurisdiction over issues between the states.Answer:The first answer only applies to cases where the states are in conflict with each other, not where State Supreme Court rulings apply different interpretations to Federal or constitutional laws.When this happens, if a party to one of the actions petitions the High Court for a Writ of Certiorari, and the Supreme Court considers the matter adjudicated to be of sufficient importance to warrant a review, they may well grant certiorari to the petitioner in order to clarify how the Constitution or law is to be applied. This helps ensure more consistent ruling in lower level courts.On the other hand, if the opposite rulings involve differing individual state constitutional issues, the case would be outside the US Supreme Court's jurisdiction, and the state Supreme Court for each state would issue the final decision.
The justices of the US Supreme Court vote on each case that is brought before them. The decision of the court is whatever a majority of the justices agree on. Each justice has an equal say in the decision.
There are various steps that lead to a Supreme Court hearing. First of all, the case begins in the lower courts. If unhappy with the decision reached in this court, the case can be appealed before US Court of Appeals. If this doesn't go well, the defendant can request a rehearing or petition the Supreme Court. A petition of certiorari has to be filed, this will ask the Supreme Court to hear the case. At this point, the Court will either agree to hear the case, or reject it.
Judicial BranchThe Judicial Branch consists only of the Article III (constitutional) courts, as follows:US District CourtsUS Court of International TradeUS Court of Appeals Circuit CourtsSupreme Court of the United States
The US Supreme Court requires a simple majority to decide a case. If all nine justices hear the case, at least five must agree on a decision.
The US Supreme Court requires a simple majority to decide a case. If all nine justices hear the case, at least five must agree on a decision.More InformationFor various reasons, not all the members participate in every decision; if 2 of them recuse themselves, then 4 of the remaining 7 is enough to "win".
No it does not allow the courts to overrule the will of the people because they only label it constitutional or unconstitutional and other branches have a little help in it. If it is unconstitutional the court wont bother with it. :)
The US Supreme Court doesn't affirm an appeal, but the judgment of the lower court that last reviewed the case. "Affirmed" means they agree with the lower court's decision and uphold it. There is always a notation about the Supreme Court's judgment at the end of the case syllabus (summary), followed by a more formal pronouncement at the conclusion of the opinion (written decision and reasoning).For example, the opinion for CSX Transportation, Inc. v. McBride, (2011) ended with these words:"As the courts below so held, the judgment of the U. S. Court of Appeals for the Seventh Circuit is Affirmed."
No, well i don't agree.
If more justices agree with a concurring opinion than with the opinion of the Court, the decision is called a plurality.
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