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When the issue is again brought before the Supreme Court.
Any court, even a lower state or federal District Court, can find a federal law that is relevant to a case or controversy before that count unconstitutional, if the court has a rational basis for making such determination. These cases often end up being petitioned to the US Supreme Court for a definitive answer.
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.
the Cherokees
The state supreme court is the highest state court in the state court system. It makes decisions according to the statutes and constitution of the state in which it is housed, as well as case law, or precedents, established by earlier state or federal Supreme Court decisions, and operates almost entirely on an appellate basis.The outcome of court cases is considered final except where there is a preserved issue that can be raised under federal jurisdiction - such cases would then be eligible for review by the Supreme Court of the United States.
A plaintiff or defendant in a federal court case (or in a state court case where a Federal Constitutional issue is in dispute ) who wants to appeal to the Supreme Court of the United States may ask for a writ of certiorari. The U.S. Supreme Court is obligated to take certain cases on appeal (for example, capital murder cases) but has discretion to take or not take certain others. The writ of certiorari is the Supreme Court's written agreement to take one of those discretionary cases on appeal.
If what you mean by a federal system you mean a supreme court, then NO. The only person who can bring a case to the supreme court is a lower court. Typically a case will get heard in a circuit court, then if contested, the findings will be reviewed by an appeals court and if it gets farther than that it will be reviewed by a state supreme court and eventually (only if it is a federal issue) it will be heard by the US supreme court. So technically a police officer can't bring it there, but he/she can be the initiator of the case on the lower level.Cheers!
When the Supreme Court is the first court to hear a case (which is very rare) it is said to have "original jurisdiction." What I think you meant was, when the Supreme Court considers an issue it has not thought about before, it is called "a matter of first impression."
Yes, it can be appealed. All the way to the US Supreme Court if one has the means by which to pay all those hefty fees. Lawyers, court costs, food and lodging, etc.AnswerThe US Supreme Court and some state supreme courts only take cases by Writ of Certiori, or only those cases which they choose to accept. The US Supreme Court can only hear about 1% of the cases which request a hearing every year, so only those cases which present a novel or important area of unsettled law can be heard.Additionally, federal appellate courts can only hear your appeal if a matter of federal law is at issue. If your state's court of appeals has ruled on the issue, and the state's supreme court declines to hear it, and there is no issue of federal law, it's quite common that your case ends there, and there is no further appeal available.
Depends on the issue. The Supreme Court can send it back to the lower court, not hear it, or they can hear it.
Supreme Court will review cases from four states on the freedom to marry.
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.