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What does it mean when a case reaches the supreame court via certificate?
When a case reaches the Supreme Court via certificate, it means that a lower court has issued a certificate indicating that the case involves significant legal questions or important issues that warrant the Supreme Court's review. This process typically occurs when a lower court believes its decision may have far-reaching implications or conflicts with existing law. The Supreme Court has discretion to accept or reject cases brought in this manner, and it often chooses to hear those that could impact the interpretation of law or constitutional principles.
A person who loses a case in trial court may take the case to a court with?
Depending on the type of court case you can take your case to the appelate court sytem in your state or a federal court of appeals
How does a case reach the supreme court which is not under their original jurisdiction?
The Supreme Court ultimately has jurisdiction over EVERY case heard, provided the case involves a preserved question of federal or constitutional law. Also state law. A case reaches the Supreme Court through the appeal process. If a case originated in state court it's appealed from the court of original jurisdiction to a state appeals court, then that decision is appealed to the state Supreme Court, and from there to the U.S. Supreme Court. If it's a federal case it originates in Federal District Court, goes to the Circuit Court of Appeals, and from there to the Supremes. Occasionally, the court may agree to hear a case directly if it has national significance. Remember the Court's infamous role in the election of 2000.
What can happen if a defendant never appears in court after receiving a summons in a civil case?
The court can rule in favor of the plaintiff. This is not an unusual occurrence. The plaintiff usually gets everything they asked for, which may be money, injunctions and compensation for court costs.
Under what conditions may a case be appealed from a state court to the Supreme Court?
A case may be appealed from a state court to the Supreme Court if it involves a federal question or if the state court's decision conflicts with federal law.
What is the last court in which a case may be appealed?
That would be the Supreme Court.
How long does it take for a civil case to go to court not criminal?
The timeline for a civil case to go to court can vary widely based on several factors, including the complexity of the case, the court's schedule, and the jurisdiction. Generally, it can take anywhere from several months to a few years from the filing of the complaint to the trial date. Pre-trial activities such as discovery and motions can extend this timeline. Additionally, parties may seek to resolve the case through settlement before it reaches court, which can further influence the timing.
What is a remanded federal court case?
When a case is remanded, it is sent from an appellate court to either a lower appellate court or the trial court with instructions to that court to take a particular action regarding the case. For example, if an appellate court vacates a conviction, it may remand the case to the trial court for a new trial.
Which is one of three actions the Supreme Court may take when it reviews a case?
send the case back to the lower court
What happes if the Plaintiff does not appear in court?
If the plaintiff does not appear in court, the case may be dismissed or a default judgment may be entered in favor of the defendant. The plaintiff may lose the opportunity to present their case and the court may rule in favor of the defendant by default.
How does a case proceed form the trial courts to the supereme court?
The case is tried in a trial court - If the outcome is not satisfactory to one of the parties to the case, it may appealed to the Court of Appeals. The Appeals Court will review the case and IF THEY WISH TO ACCEPT IT for review, they will consider the case and render a decision on the question contained in the appeal. If that appeal is not satisfactory to one of the parties in the case, that ruling may be appealed, yet again, to the Supreme Court. If the Supreme Court chooses to accept the case, they, too, will hear the case and render a decision. The Supreme Court's decision is the final word and there is no higher appeal.
When a previous case is distinguished from the facts about a case presented to a court how must the court proceed?
If a previous case is properly and convincingly distinguished on the facts, the ruling in that case may be inapposite.
