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What is the decision the Supreme Court makes on an issue?
The Supreme Court of the United States decides the constitutionality (whether it follows the Constitution) of any law that is part of a case being reviewed under their appellate jurisdiction. The decision of the Supreme Court is final.
What are the three methods the supreme court uses when deciding a case?
The Supreme Court of the United States of America can choose to not hear a case. The Supreme Court can also send the case back to a lower court. Or, the US Supreme Court Judges can choose to proceed to hear the case and issue a ruling.
Does a judge have to honor a parents petition for a custody order?
If the parties and the subject matter come under the jurisdiction of the court then the court must issue a ruling on the petition.If the parties and the subject matter come under the jurisdiction of the court then the court must issue a ruling on the petition.If the parties and the subject matter come under the jurisdiction of the court then the court must issue a ruling on the petition.If the parties and the subject matter come under the jurisdiction of the court then the court must issue a ruling on the petition.
What term means to send up records from a lower court?
Writ of certiorariIf 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.For more information, see Related Questions, below.
A person accused of bombing a public office was freed since the evidence had been obtained by an illegal wiretap which court would have the power to make this decision?
Any trial court, federal or state, has the power to make a ruling like this. The rulings are always subject to appeal up through to the state or Federal Supreme Court. Even a state court ruling on the issue may be taken to the US Supreme Court.
When can US supreme court decisions be modified?
When the issue is again brought before the Supreme Court.
What does the US Supreme Court issue when it accepts a case for review?
A writ of certiorari is an order that allows the Supreme Court to review lower court cases. This writ is not limited to the Supreme Court, it may be used by any appellate court needing to review a case.
Can the US Supreme Court overrule a state supreme court's decision?
Yes, the US Supreme Court has the authority to overrule a state supreme court's decision if it involves a federal law or constitutional issue.
What happens to a case not heard by the Supreme Court?
Nowhere. The Supreme Court only hears a limited number of cases each year, rejecting 98-99% of the requests it receives.A case may only be appealed to the Supreme Court if it involves a question of federal or constitutional law and has exhausted all of its lower court appeals. If the case is qualified, but the Court chooses not to review it, then the decision of the lower court prevails and the matter is considered res judicata, or legally resolved.
The supreame courts usually what kind of cases?
There is no telling which case or what kind of a case the Supreme Court will hear. If a case is simple, it never will get to the Supreme Court. Cases that reach the Supreme Court have gone through one or more appeals processes. Sometimes a appeal reaches the Supreme Court when a federal court of appeals has made a ruling different from another federal court of appeals. In that case, the supreme court is asked to certify an issue. That is a fancy term meaning to play referee. The Supreme Court certifies an issue when it takes up an issue where district courts of appeal have made different rulings concerning the application of the same law. (Sometimes the Supreme Court refuses to take up the issue. In that case it simply states, "Cert. Denied.") Normally, all cases that reach the Supreme Court have come from the Federal Courts of Appeal or the Highest State Court. However, the Supreme Court reserves the right to sit as a court of original jurisdiction. The last time the Supreme Court granted a writ of Habeas Corpus was 1924. It retains that right. I doubt if any member on the Supreme Court has any idea under what conditions that would happen. Still, it retains that right.
If a county court in Illinois is deciding a case involving an issue that has never been addressed before in Illinois is the Illinois court obligated to follow Iowa Supreme court decision?
No, states are not obligated to follow other states legal decisions; however, the decisions may carry persuasive weight with the court, assuming (for example) the Iowa Supreme Court ruling doesn't violate the Illinois state constitution or statutes.If Iowa is is the only other state court system that has addressed this PARTICULAR issue then the decision of Iowa's Supreme Court can be used as "precedent" for the Illinois court to follow. If there are other states that have addressed this PARTICULAR issue and they have either agreed with, or disagreed with, the Iowa court's findings, those decisions should be also be taken into account when the Illinois court considers the issue.
When a lower court decision is appealed to the supreme court what will most likely happen?
Depends on the issue. The Supreme Court can send it back to the lower court, not hear it, or they can hear it.
