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United States Supreme Court Process
The Supreme Court of the United States is the highest court in the federal judiciary of the United States. The procedures of the Court are governed by the U.S. Constitution, various federal statutes, and its own internal rules. Since 1869, the Court has consisted of one chief justice and eight associate justices. Justices are nominated by the president, and with the advice and consent (confirmation) of the U.S. Senate, appointed to the Court by the president. Once appointed, justices have lifetime tenure unless they resign, retire, or are removed from office. Established pursuant to Article III, Section 1 of the Constitution in 1789, it has original jurisdiction over a small range of cases, such as suits between two or more states, and those involving ambassadors. It also has ultimate appellate jurisdiction over all federal court and state court cases that involve a point of constitutional or statutory law. Most of the cases the Supreme Court hears are appeals from lower ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over State court (United States), state court cases that turn on questions of Constitution of the United States, U.S. constitutional or Law of the United States, federal law. It also has Original jurisdiction of the Supreme Court of the United States, original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." In 1803, the Court asserted itself the power of Judicial review in the United States, judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case ''Marbury v. Madison''. It is also able to strike down presidential directives for violating either the Constitution or s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Appellate Jurisdiction
An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to hear a case upon appeal from a trial court or other lower tribunal. Appellate courts other than supreme courts are sometimes named as Intermediate appellate court. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and considers factual evidence and testimony relevant to the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court determines the extent of the deference it will give to the lower court's decision, based on wheth ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
District Of Columbia Court Of Appeals
The District of Columbia Court of Appeals is the highest court of the District of Columbia, the capital city of the United States. The court was established in 1942 as the Municipal Court of Appeals, and it has been the court of last resort for matters of D.C. local law since 1970. It and the Superior Court of the District of Columbia comprise the District of Columbia's court system. It is located in the former District of Columbia City Hall building at Judiciary Square. The D.C. Court of Appeals is the equivalent of a state supreme court. Because the District of Columbia is not a U.S. state, however, the court's authority derives from the U.S. Congress rather than from the inherent sovereignty of the states. The D.C. Court of Appeals is sometimes confused with the U.S. Court of Appeals for the District of Columbia Circuit, which is the federal U.S. court of appeals that covers the District of Columbia. History For much of the history of the District of Columbia, ap ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
State Supreme Court
In the United States, a state supreme court (known by other names in some states) is the highest court in the state judiciary of a U.S. state. On matters of state law, the judgment of a state supreme court is considered final and binding in both state and federal courts. Generally, a state supreme court, like most appellate tribunals, is exclusively for hearing appeals of legal issues. Although state supreme court rulings on matters of state law are final, rulings on matters of federal law (generally made under the state court's concurrent jurisdiction) can be appealed to the Supreme Court of the United States. Each state supreme court consists of a panel of judges selected by methods outlined in the state constitution. Among the most common methods for selection are gubernatorial appointment, non-partisan election, and partisan election, but the different states follow a variety of procedures. Role and powers Under the system of federalism established by the United Stat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statute
A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed will of a legislative body, whether that be on the behalf of a country, state or province, county, municipality, or so on. Depending on the legal system, a statute may also be referred to as an "act." Etymology The word appears in use in English as early as the 14th century. "Statute" and earlier English spellings were derived from the Old French words ''statut'', ''estatut'', ''estatu,'' meaning "(royal) promulgation, (legal) statute." These terms were in turn derived from the Late Latin ''statutum,'' meaning "a law, decree." Publication and organization In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette, whi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals For The Armed Forces
The United States Court of Appeals for the Armed Forces (in case citations, C.A.A.F. or USCAAF) is an Article I court that exercises worldwide appellate jurisdiction over members of the United States Armed Forces on active duty and other persons subject to the Uniform Code of Military Justice. The court is composed of five civilian judges appointed for 15-year terms by the president of the United States with the advice and consent of the United States Senate. The court reviews decisions from the intermediate appellate courts of the services: the Army Court of Criminal Appeals, the Navy-Marine Corps Court of Criminal Appeals, the Coast Guard Court of Criminal Appeals, and the Air Force Court of Criminal Appeals. History Courts-martial are judicial proceedings conducted by the armed forces. The Continental Congress first authorized the use of courts-martial in 1775. From the time of the American Revolutionary War through the middle of the twentieth century, courts-martial were g ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Writ Of Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of a prerogative writ in England, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. Derived from the English common law, ''certiorari'' is prevalent in countries using, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th centuries, the writ of ''certiorari'' has gained broader use in many countries, to review the decisions of administrative bodies as well as lower courts. Etymology The term ''certiorari'' (US English: , , o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Of The United States
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally including seven articles, the Constitution delineates the frame of the Federal government of the United States, federal government. The Constitution's first three articles embody the doctrine of the separation of powers, in which the federal government is divided into three branches: the United States Congress, legislative, consisting of the bicameralism, bicameral Congress (Article One of the United States Constitution, Article I); the Federal government of the United States#Executive branch, executive, consisting of the President of the United States, president and subordinate officers (Article Two of the United States Constitution, Article II); and the Federal judiciary of the United States, judicial, consisting of the Supreme Court of the Unit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Political Question
In United States constitutional law, the political question Legal doctrine, doctrine holds that a constitutional dispute requiring knowledge of a non-legal character, techniques not suitable for a court, or matters explicitly assigned by the Constitution to Legislative or Executive branches lies within the political realm, rather than the judiciary. Judges customarily refuse to address such matters as a matter of justiciability, questioning whether their courts are an appropriate forum for the case. Legal questions are deemed justiciable, while political questions are nonjusticiable.Huhn, Wilson R. ''American Constitutional Law Volume 1''. 2016. One scholar explained: A ruling of nonjusticiability prevents a case's core issue from being resolved in a court of law. When the issue involves duties not addressed by the Constitution, courts leave it to the democratic process, rather than resolving political disputes themselves. Origin The doctrine can be traced to the landmark Supre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Justiciability
Justiciability concerns the limits upon legal issues over which a court can exercise its judicial authority. It includes, but is not limited to, the legal concept of standing, which is used to determine if the party bringing the suit is a party appropriate to establishing whether an actual adversarial issue exists. Essentially, justiciability seeks to address whether a court possesses the ability to provide adequate resolution of the dispute; where a court believes that it cannot offer such a final determination, the matter is not justiciable. In the United States Federal courts Justiciability relates to the several factors federal courts use to determine whether they have authority to hear the cases brought before them. Rules regarding justiciability can be of either a constitutional or prudential nature. The constitutional rules stem from express or implicit powers and limitations given to the federal courts under Article III. The prudential rules arise from contextual ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Administrative Office Of The United States Courts
Administration may refer to: Management of organizations * Management, the act of directing people towards accomplishing a goal: the process of dealing with or controlling things or people. ** Administrative assistant, traditionally known as a secretary, or also known as an administrative officer, administrative support specialist, or management assistant: a person whose work consists of supporting management ** Administration (government), management in or of government, the management of public affairs; government. *** Administrative division, a term for an administrative region within a country that is created for the purpose of managing of land and the affairs of people. ** Academic administration, a branch of an academic institution responsible for the maintenance and supervision of the institution ** Arts administration, a field that concerns business operations around an art organization ** Business administration, the performance or management of business operations *** ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
