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What is the most common test used by the courts when deciding if a law or policy is constitutional?
Intermediate scrutiny is the most common test used by the courts when deciding if a law or policy is constitutional. The Supreme Court will define and determine if the laws are constitutional and act as judicial review.
Are state supreme court judges more powerful than US Supreme Court Justices?
No, the state supreme courts only interpret policy for legislation or the constitution specific to the state over which it presides. The state supreme court is the final arbiter on those issues. On questions of Federal and constitutional law, the Supreme Court of the United States holds more authority.
What is the role of the US Supreme Court in determining the rules of evidence Federal courts and for state courts?
The primary role of the US Supreme Court is interpreting the Constitution. The Supreme Court of the United States has the ultimate responsibility for settling disputes and interpreting the meaning of laws. It also determines what national policy will be when it applies law to specific disputes. The Supreme Court, the only court created by the Constitution, has the final say on all legal matters that come to it. It is the highest court in our system and there is no appeal from its decisions unless future courts reverse past court decisions. It is the only court that has the final say on Judicial Review -- that is, the constitutionality of a law or action relevant to a case under its review. It has original jurisdiction over cases involving two or more states, and appellate jurisdiction over cases from lower federal courts and the highest state courts (if the state case addresses a preserved federal question).
What is the primary purpose of Judicial Branch?
The Judicial Branch is one of three independent parts of the US Government, and comprises the Article III constitutional courts. The primary responsibility of the judicial branch is to interpret and apply the laws, and ensure their constitutionality.The Judicial Branch comprises the US District Courts, the US Court of International Trade, the US Court of Appeals Circuit Courts and the Supreme Court of the United States. The US District Courts try both civil and criminal cases; the appellate courts consider appeals based on violation of federal law and infringement of constitutional rights.Supreme Court opinions help shape federal policy and determine the application of laws. The Court also resolves disputes between two or more states.For more information, see Related Questions, below.
What is judicial implementation?
How and whether court decisions are translated into actual policy, affecting the behavior of others. The courts rely on other units of government to enforce their decision.
