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Can courts make laws by deciding whether or not laws conflict with the Constitution?
No. The system of checks and balances ensures that the Judicial Branch (the courts) check that the Legislative Branch (Senate & House of Representatives) does NOT enact laws that are in conflict with the US Constitution.
Do Appellate courts determine questions of fact and rule on issues of law?
No, they decide issues of procedure and legal 'correctness.' They are 'overseers' of the lower (fact finding) courts - the appeals court passes judgments on the processes, procedures, and the conduct of the trials that are sent to them on appeal. They do not hold jury trials nor hear witness testimony.
These courts derive their power from the state constitutions and laws?
federal courts
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).
Does the US have a Supreme Court and some smaller courts?
Yes. The US Supreme Court has highest appellate jurisdiction in the US. The other constitutional courts of the Judicial Branch -- the 94 US District Court, 13 US Court of Appeals Circuit Courts, US Court of International Trade -- are below the Supreme Court. There are also courts in the Legislative Branch of government, such as Bankruptcy Courts and US Tax Courts, that are lower than the Supreme Court.
What are the duties for Appellate courts?
to make laws
When can a court interpret a law?
The courts interpret a law when the meaning, application, or constitutionality of a law is part of a case before the court. Appellate courts are more likely to be called upon to interpret laws than trial courts.
What is the common law?
The law as interpreted by judges. Courts are bound by the decisions of higher courts. These laws are not written down, but must be abided by.
Why does the federal court system have three levels?
The federal court system has three levels to provide a hierarchy for handling cases. District courts are the trial courts where cases are initially heard, circuit courts are the intermediate appellate courts, and the Supreme Court is the highest court that reviews decisions made by the lower courts.
What is the common law traditon?
The law as interpreted by judges. Courts are bound by the decisions of higher courts. These laws are not written down, but must be abided by.
Does 'judicial review' allow the US Supreme Court to review the constitutionality of lower courts' decisions?
The Supreme Court's appellate jurisdiction allows it to review the constitutionality of the federal lower courts' decisions, and of state supreme court decisions that involve a matter of federal or constitutional law. Judicial review refers more specifically to the power of the Supreme Court to review legislation and acts of Congress and the President (the Legislative and Executive branches) to unsure they confirm to the principles of the constitution, and to overrule laws that are unconstitutional.
Is the Constitution used as a guide when making laws?
Yes it is in constant use and courts use it as a guide to make decisions.
Is the Constitution is used as a guide when making laws?
Yes it is in constant use and courts use it as a guide to make decisions.
How many circut courts did the judicial branch have?
In the United States court system, the Supreme Court is the final authority on the interpretation of the federal Constitution and all statutes and regulations created pursuant to it, as well as the constitutionality of the various state laws; in the US federal court system, federal cases are tried in trial courts, known as the US district courts, followed by appellate courts and then the Supreme Court. State courts, which try 98% of litigation,[9] may have different names and organization; trial courts may be called "courts of common plea", appellate courts "superior courts" or "commonwealth courts".[10] The judicial system, whether state or federal, begins with a court of first instance, is appealed to an appellate court, and then ends at the court of last resort.[11]
What does an appallate court do with a case?
An appellate court reviews decisions made by lower courts to determine if legal errors were made. They do not retry the case or consider new evidence. The court decides whether the lower court's decision should be affirmed, reversed, or remanded for further proceedings.
Why is it important to publish legal opinions in addition to laws?
Appellate courts routinely interpret the meaning of laws and their application to the facts of a case. As lawyers we routinely look to these opinions for guidance on how best to present or defend a case. Transparency is good.
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
