0
When the federal courts review a law relevant to a case before them, they must address a number of questions regarding constitutionality:
- Whether the case raises a federal question that can be remediated by the courts
- Whether the court can properly assert jurisdiction over the case
- What law or laws were allegedly violated
- How the law should be interpreted
- How the law should be applied
- Whether the law was applied correctly in the case under review
- Whether the government had a legitimate interest in passing the law
- Whether the law was written as narrowly as possible to infringe as few rights as possible (or whether it can be applied too broadly)
- Whether the law unfairly penalizes a particular entity or class
- Whether the average citizen could understand the law (or whether it's too vague)
- Whether the law infringes constitutional rights
- If constitutional protections are involved, whether the law creates a reasonable exception (degree of scrutiny needed)
- Given the above, whether the law is constitutional
- What remedy, if any, should be applied (should the law be nullified?)
Add your answer:
Earn +20 pts
What is the US Supreme Court's most important function with regard to the lower courts?
The US Supreme Court serves as the final court of appeal
What federal courts hears appeals from lower courts?
Appellate courts. In the federal court system, the appellate courts are the US Court of Appeals Circuit Courts and the Supreme Court of the United States (aka US Supreme Court).
What is the federal court system?
The federal court system comprises the Supreme Court, circuit courts of appeal, and district courts. There are also specialized federal courts.
How many levels of federal courts serve under the Supreme Court?
There are three levels of Federal courts under the Supreme Court.
Are all lower federal courts created by the Supreme Court?
No, the Supreme Court is separate from all other courts. The president nominates judges to federal courts and Congress approves them.
What courts are in the federal court system?
federal district court, federal court of appeals court,and the U.S. supreme court.
What are the names of the federal courts?
There are three levels of federal courts. U.S. District Court - U.S. Courts of Appeal - The U.S. Supreme Court.
What is the US courts system?
The federal court system comprises the Supreme Court, circuit courts of appeal, and district courts. There are also specialized federal courts.
What cases go before federal courts?
United States Appeals Courts, if by Federal you mean the Supreme Court. Otherwise, the chain goes- Local -> Appeals -> Supreme/Federal Court
Who is in the judicial?
supreme court and other federal courts
What authority does the supreme court have over states?
The supreme court is the court of last resort in the federal legal system and federal courts can overrule state courts. The Supreme Courts also settles disputes between states,such as the location of state borders .
Most of the supreme courts cases come?
The Supreme Court of the United States was created in 1789. Most of the cases the court hears come from lower courts. Each year, the Supreme Court receives 7,000 or more requests to hear cases from lower courts.
