In which jurisdiction would further review of a federal court decision fall under? an appellate court.
Which would most likely fall under appellate jurisdiction?
Which would most likely fall under appellate jurisdiction? the legislative branch.
What types of courts have jurisdiction over most federal cases?
United States District Courts – The U.S. district courts are the trial courts of the federal court system. The district courts can hear most federal cases, including civil and criminal cases. There are 94 federal judicial districts in the United States and its territories.
- The Court of International Trade hears cases about international trade and customs issues.
- The U.S. Court of Federal Claims hears cases about claims for money damages against the United States, disputes over federal contracts, cases about unlawful “takings” of private property by the federal government, and other claims against the United States.
Who is the final authority on legal questions in the United States?
Student Handout 1 – Federalism
STUDENT READING HANDOUT # 1 FEDERALISM THE SYSTEM OF GOVERNMENT IN THE UNITED STATES
In the United States, we are governed by both national and state governments and our rights are protected by state and federal Constitutions. Basically, the same structure of government exists at both the state and federal level. There are three branches of government – executive, legislative, and judicial.
- The president is head of the federal executive branch.
- The federal executive branch also includes various executive agencies such as the Department of Defense and the Office of Attorney General.
- The federal legislative branch is known as Congress and is composed of the House of Representatives and the Senate.
Each state has two senators, but the number of representatives from a state varies, depending on the population of the state. West Virginia has three representatives. The federal judicial branch of government is composed of the federal courts. The Supreme Court of the United States is the highest court in the federal system, and has the last word on issues of federal law and the federal Constitution.
The courts just below the U.S. Supreme Court, the intermediate federal appellate courts, are known as circuit courts of appeal. There are 13 federal circuit courts in the United States. West Virginia is located within the jurisdiction of the Fourth Circuit Court of Appeals. Therefore, federal cases originating in West Virginia are appealed to the Fourth Circuit Court of Appeals.
The federal trial court in which federal lawsuits originate is the federal district court. West Virginia is divided into two federal districts, northern and southern. Federal courts may constitutionally hear only two types of cases: 1) cases involving a federal law question; and 2) cases involving citizens of two different states when the amount in dispute is greater than $75,000.
- The governor is the head of the executive branch of state government.
- Just as in the federal government, the state executive branch also includes agencies such as the Department of Agriculture and the Department of Health and Human Resources.
- The legislative branch of the state government is known as the West Virginia Legislature.
It is composed of the State House of Delegates and the State Senate. West Virginia is divided into both house and senate districts. Two senators are elected from each district. Currently there are 34 state senators. Delegates are elected based on the population of each district.
- Currently there are 100 state delegates.
- The third branch of government in West Virginia is the judicial branch.
- West Virginia’s judicial branch is derived from the West Virginia Constitution.
- Currently, West Virginia has three levels of courts: 1) the Supreme Court of Appeals; 2) circuit courts and family courts; and 3) magistrate courts.
The highest state court is the Supreme Court of Appeals. The Supreme Court of Appeals is the final authority on matters of state law. However, decisions of the state Supreme Court on matters of federal law may be reviewed by the Supreme Court of the United States.
The five Supreme Court justices are elected in nonpartisan elections to 12-year terms. The next level below the Supreme Court of Appeals includes circuit courts and family courts. The circuit courts are trial courts for civil and criminal cases. Examples of civil cases are medical malpractice cases and property dispute cases.
Examples of criminal cases are murder cases and robbery cases. The circuit courts are West Virginia’s only general jurisdiction trial courts of record. West Virginia is divided into 31 circuits with 65 circuit judges. Circuit judges are elected in nonpartisan elections to eight-year terms.
Family court judges hear cases involving divorce, annulment, separate maintenance, paternity, grandparent visitation, and issues involving allocation of parental responsibility and family support proceedings, except those incidental to child abuse and neglect proceedings. Family court judges also hold final hearings in domestic violence civil proceedings.
There are 35 family court judges who serve 26 family court circuits. Family court judges, who were previously appointed by the governor, were elected in partisan elections for the first time in 2002. Their initial terms are for six years. Subsequent terms will be for eight years.
- Circuit judges are assisted by judicial officers called mental hygiene commissioners and juvenile referees.
- Judicial officers do not run in elections but are appointed.
- Most decisions of judicial officers are subject to circuit court approval.
- Judicial officers have limited jurisdiction which means they decide only certain types of disputes.
Mental hygiene commissioners are lawyers who preside over hearings on involuntary hospitalization, guardianship, and conservatorship. There is at least one mental hygiene commissioner in each of West Virginia’s 31 circuits. Juvenile referees hold detention hearings when a child is arrested or taken into custody.
West Virginia has two full-time and one part-time juvenile referees serving Kanawha, Cabell, and Wayne counties. In most counties, magistrates act as juvenile referees. Magistrate courts comprise the third and final level of courts in West Virginia. Magistrate courts are also courts of limited jurisdiction.
Magistrates hear such limited issues as misdemeanors, civil cases with $5,000 or less in dispute, preliminary examinations in felony cases, and emergency domestic violence petitions. Magistrates run for four-year terms in nonpartisans elections. They do not have to be lawyers.
There are 158 magistrates statewide, with at least two magistrates in every county. The jurisdiction of municipal courts is constitutionally limited to those cases involving ordinance violations. Municipal courts are administered locally. The United States Constitution provides minimum protection for our individual liberties.
Neither the state nor the federal government can pass laws infringing on that minimum protection. However, a state through its own constitution may provide a citizen with greater protection than the federal Constitution. Therefore, although a state law or action may be constitutional under the federal Constitution, it may be unconstitutional under the state constitution.
- Federal courts may rule on issues of state law when deciding a case that involves both federal and state law issues.
- On issues dealing with state law questions, the federal courts are bound by prior decisions of the state courts.
- Likewise, state courts may rule on issues of federal law, but as to those issues, the state courts are bound by prior decisions of the federal courts.
Examples of federal law questions are immigration issues, application of federal civil rights laws, and federal constitutional law, such as First Amendment free speech questions and Second Amendment right to bear arms questions. Examples of state law issues are property line disputes between neighbors, contract disputes, personal injury lawsuits, and state constitutional law issues, such as the right to a free and appropriate public education and the state constitutional right to free speech.
Can the Supreme Court review any federal state or local law?
The U.S. Supreme Court & the Legal Scope of Its Authority The US Supreme Court takes its authority from Article III of the US Constitution, which established it as one of the three main organs of the federal government. Congress set up the Supreme Court, as well as the lower federal courts, with the Judiciary Act of 1789.
While the original Court consisted of six justices, its membership varied between five and 10 justices until it was fixed at the current membership of nine after the Civil War. To preserve judicial independence, justices serve life terms once they have been appointed by the President and confirmed by the Senate.
However, a justice sometimes may voluntarily step down. The Supreme Court serves the critical function of protecting minority populations against laws passed by majorities that could infringe on their rights. This allows it to preserve fundamental American values at times when a popular majority may try to deviate from them.
- The Court also enforces the separation of powers and constitutional checks and balances by invalidating actions by the executive and legislative branches that exceed their powers.
- Through its appellate jurisdiction, it serves as the court of last resort for parties appealing decisions from lower courts.
Decisions by the Supreme Court are final and may not be appealed further. Jurisdiction of the Supreme Court Under Section 2 of Article III, the Supreme Court holds original jurisdiction and appellate jurisdiction. Original jurisdiction means that the Supreme Court is the first venue to hear a dispute, while appellate jurisdiction means that the Supreme Court is reviewing a decision by a lower court for certain reasons.
- The Supreme Court’s original jurisdiction generally applies to cases involving disputes between two or more US states and disputes involving representatives of foreign nations.
- Its appellate jurisdiction applies to other cases that implicate federal law or the Constitution.
- In most situations, the Court is not required to hear a specific case on appeal.
It has the discretion to decide whether it should review a case under the Certiorari Act of 1925. Thus, getting a case to the Supreme Court involves asking for a writ of certiorari. On average, the Supreme Court grants about 2 percent of these petitions each year.
Certioriari is more likely to be granted when a case involves a very important social issue, or when lower federal courts have reached conflicting decisions on the issue. The Power of Judicial Review The Supreme Court can strike down any law or other action by the legislative or executive branch that violates the Constitution.
This power of judicial review applies to federal, state, and local legislative and executive actions. The Constitution does not specifically provide for the power of judicial review. It arises instead from an 1803 decision known as Marbury v. Madison, Under a clause in Section 13 of the Judiciary Act of 1789, the Supreme Court received original jurisdiction over “writs of mandamus.” These may be issued to order a government official to comply with the law.
When the plaintiff in Marbury asked the Court to issue a writ of mandamus, though, the Court refused for reasons unrelated to the facts of the case. After Thomas Jefferson won the 1800 presidential election, outgoing President John Adams passed the Judiciary Act of 1801 before Jefferson could take office.
Adams then used the new law to appoint 16 new circuit judges and 42 new justices of the peace. While the Senate approved these appointments, the Secretary of State needed to confirm them by delivering their commissions. When William Marbury did not receive his commission after being appointed as Justice of the Peace in the District of Columbia, he sued to compel Jefferson’s Secretary of State, James Madison, to deliver the commission.
Chief Justice John Marshall wrote that the plaintiff was correct in seeking a writ of mandamus as his remedy. However, Marshall found that the Court could not issue the writ because this clause of Section 13 violated Article III of the Constitution. This was because the clause extended the original jurisdiction of the Court beyond the scope provided by Section 2 of Article III.
Moreover, Marshall interpreted the Supremacy Clause of the Constitution to prevent Congress from using its legislative power to alter the Constitution. This clause of Section 13 thus became the first of many laws struck down by the Supreme Court on constitutional grounds.
What is jurisdiction appellate jurisdiction?
Background – Article III, Section 1 of the Constitution establishes the Supreme Court of the United States. Currently, there are nine Justices on the Court. Before taking office, each Justice must be appointed by the President and confirmed by the Senate.
- Justices hold office during good behavior, typically, for life.
- The Constitution states that the Supreme Court has both original and appellate jurisdiction.
- Original jurisdiction means that the Supreme Court is the first, and only, Court to hear a case.
- The Constitution limits original jurisdiction cases to those involving disputes between the states or disputes arising among ambassadors and other high-ranking ministers.
Appellate jurisdiction means that the Court has the authority to review the decisions of lower courts. Most of the cases the Supreme Court hears are appeals from lower courts.
What is a landmark case quizlet?
A judicial decision that is used as an example in dealing with later, similar cases. Marbury v. Madison.
Which court has the highest jurisdiction?
|S. No.||Name of the High Court||Year of Establishment||Territorial Jurisdiction||Principal Seat & Bench|
|1.||Bombay High Court||1862||Maharashtra, Dadra and Nagar Haveli, Daman & Diu*, Goa||Principal Seat : Mumbai Other Benches : Panaji, Aurangabad, and Nagpur|
|2.||Calcutta High Court||1862||West Bengal Andaman & Nicobar islands*||Principal Seat : Kolkata Other Benches : Port Blair and Jaipaiguri|
|3.||Madras High Court||1862||Tamil Nadu Pondicherry*||Principal Seat : Chennai Bench : Madurai|
|4.||Allahabad High Court||1866||Uttar Pradesh||Principal Seat : Prayagraj Bench : Lucknow|
|5.||Karnataka High Court||1884||Karnataka||Principal Seat : Bengaluru Other Benches : Dharwad and Gulbarga|
|6.||Patna High Court||1916||Bihar||Patna|
|7.||Guwahati High Court||1948||Assam, Nagaland, Mizoram, Arunachal Pradesh||Principal Seat : Guwahati Other Benches : Kohima, Aizawl, and Itanagar|
|8.||Odisha High Court||1949||Odisha||Cuttack|
|9.||Rajasthan High Court||1949||Rajasthan||Principal Seat : Jodhpur Bench : Jaipur|
|10.||Madhya Pradesh High Court||1956||Madhya Pradesh||Principal Seat : Jabalpur Other Benches : Gwalior and Indore|
|11.||Kerala High Court||1958||Kerala, Lakshadweep*||Kochi|
|12.||Gujarat High Court||1960||Gujarat||Sola(Ahmedabad)|
|13.||Delhi High Court||1966||Delhi*||New Delhi|
|14.||Himachal Pradesh High Court||1971||Himachal Pradesh||Shimla|
|15.||Punjab & Haryana High Court||1975||Punjab, Haryana, Chandigarh*||Chandigarh|
|16.||Sikkim High Court||1975||Sikkim||Gangtok|
|17.||Chhattisgarh High Court||2000||Chhattisgarh||Bilaspur|
|18.||Uttarakhand High Court||2000||Uttarakhand||Nainital|
|19.||Jharkhand High Court||2000||Jharkhand||Ranchi|
|20.||Tripura High Court||2013||Tripura||Agartala|
|21.||Manipur High Court||2013||Manipur||Imphal|
|22.||Meghalaya High Court||2013||Meghalaya||Shillong|
|23.||Telangana High Court||2019||Telangana||Hyderabad|
|24.||Andhra Pradesh High Court||2019||Andhra Pradesh||Amravati|
|25.||Jammu & Kashmir and Ladakh (Note: In 1928, Jammu & Kashmir high court was established. Post-bi-furcation of J&K into two union territories; there is now a common high court.)||2019||Jammu and Kashmir*, Ladakh*||Jammu & Srinagar|
What federal court level most commonly has original jurisdiction?
The U.S. Supreme Court is the highest court and final level of appeal. It chooses which cases it hears. – Parties who disagree with the decision made by a circuit court can petition the U.S. Supreme Court to take the case. Less frequently, parties can petition the Supreme Court to review the decision made by a state Supreme Court if the case deals with a federal question.
Unlike intermediate appellate courts, the U.S. Supreme Court is not required to hear cases. Instead, parties ask the court to grant a writ of certiorari, The Supreme Court hears around 80 cases per year, selected from over 7,000 cases that it is asked to review. There are no strict requirements for how the court selects its cases.
The JUDICIAL Branch [AP Gov Review Unit 2 Topic 8 (2.8)]
It’s up to the discretion of the Supreme Court justices — four of the nine justices must vote in favor to accept a case. However, the Court typically accepts cases where there are conflicting decisions coming out of different circuits and/or there is a constitutional matter of national importance that needs to be resolved.
Which is the final authority?
The Supreme Court of India is the most noteworthy legal meeting and last court of a request under the Constitution of India, the highest position among courts, with the privilege of judicial review.
Who makes the final decision in court USA?
Jury Deliberations & Announcement of the Verdict – After being charged, the jury goes into deliberation, the process of deciding whether a defendant is guilty or not guilty. During this process, no one associated with the trial can contact the jury without the judges and lawyers.
- If the jury has a question on the law, they must write a note to the judge, which the judge will read in court with all parties present.
- In federal criminal trials, the jury must reach a unanimous decision in order to convict the defendant.
- After they reach an agreement on a verdict, they notify the judge, the lawyers, and the defendant in open court.
Everyone is present in court for the reading of the verdict. The United States Marshals Service is present during trial to protect the judge and prosecutors from potential harm. If the defendant is found not guilty, they are usually free to go home. : Trial
Who or what is the final authority?
Final Authority and Tradition When it comes to final authority, the Roman Catholic church teaches that three authorities exist. The 1994 Catechism of the Catholic Church declares: “It is clear therefore that, in the supremely wise arrangement of God, sacred Tradition, Sacred Scripture, and the Magisterium of the Church are so connected and associated that one of them cannot stand without the others.
Working together, each in its own way, under the action of the one Holy Spirit, they all contribute effectively to the salvation of souls.” (Pg.34, #95) So here we see, that along with Scripture, “tradition” (teachings handed down throughout the ages), and “magisterium” (the task of giving an authentic interpretation of the word of God) are associated so that one of them cannot stand without the others.
In other words, “tradition” and “magisterium” are on equal grounds with the Scriptures. This is enforced by: “Sacred Scripture is the speech of God as it is put down in writing under the breath of the Holy Spirit. And (Holy) Tradition transmits in its entirety the Word of God which has been entrusted to the apostles by Christ the Lord and the Holy Spirit.” (Pg.31, #81) And should these authorities disagree with each other the Catechism states: “The task of giving an authentic interpretation of the Word of God, whether in its written form or in the form of Tradition, has been entrusted to the living, teaching office of the Church alone.
This means that the task of interpretation has been entrusted to the bishops in in communion with the successor of Peter, the Bishop of Rome.” (Pg.32, #85) Thus, the final authority being the Roman Catholic Church! This too, is stated in the Catechism: “For, of course, all that has been said about the manner of interpreting Scripture is ultimately subject to the judgment of the Church which exercises the divinely conferred commission and ministry of watching over and interpreting the Word of God.” (Pg.39, #119) Thus concluding that the Scriptures are not sufficient in itself.
Nowhere do we see that the Scriptures were given only to an elite group to explain it to others. It is also interesting that the statement above by the Roman Catholic Church should be #119 in the Catechism. Do you know what Psalm 119 concerns? It concerns a person heeding the word of God.
The Bible says it is a lamp unto the feet of ALL who heed it: “Thy word is a lamp unto my feet, and a light unto my path.” (Psalm 119:105) Every “young man” is expected to “heed” God’s word: “Wherewithal shall a young man cleanse his way? by taking heed thereto according to thy word.” (Psalm 119:9) The Roman Catholic church makes claim that only its leadership can interpret Scriptures.
But Scripture itself is opposed to that idea: “.no prophecy of the scriptures is of any private interpretation. (1 Peter 1:21)
- Nowhere within Psalm 119 does it say that a Rabbi must explain God’s word, and nowhere in the Old or New Testament was the Roman Catholic there to interpret and explain the Scriptures.
- Every person who is born again has the Spirit of God dwelling in him, and it is the same Holy Spirit who will give us understanding of the Scriptures and guide us into all truth. It doesn’t say an elite group will guide us into all truth, but the Holy Spirit will:
- “Howbeit when he, the Spirit of truth, is come, he will guide you into all truth: for he shall not speak of himself; but whatsoever he shall hear, that shall he speak: and he will shew you things to come.” (John 16:13)
- And Jesus said:
“If ye continue in my word, then are ye my disciples indeed; and ye shall know the truth.” (John 8:31, 32). Jesus didn’t say continue in the teachings of the Roman Catholic Church, but in His word. God gave us the Bible. Every word of it proceeds from the mouth of God (Deut.8:3) The only final authority is the word of God.
- The Bible declares it is the only authority: “Sanctify them through thy truth: thy word is truth.” (John 17:17).
- Whatever a person teaches, it must agree with Scripture, it is the final authority.
- The Catholic church talks about “tradition” standing equal along side the word of God.
- The Bible says much about “tradition.” In the New Testament, the words “traditions” and “tradition” occur 14 times.
There are eight references (Matt.15:2,3,6: Mark 7:3,5, 8,9,13) in which Christ makes statements about traditions, which are derogatory. In Colossians 2:8 and Galatians 1:14, Paul makes five references, which are derogatory. Peter also has one reference (1 Peter 1:18) which is derogatory.
There are only three favorable references left concerning tradition. In the New Testament Gospel, Jesus publicly rebuked the Pharisees about their traditions: “Howbeit in vain do they worship me, teaching for doctrines the commandments of men. For laying aside the commandment of God, ye hold the tradition of men.” (Mark 7:7-8) What the Pharisees did was elevate their tradition above the word of God.
Doesn’t this sound like the Roman Catholic Church? They have elevated themselves and tradition above the Holy Scriptures. Jesus’ condemnation of the Pharisees was because their traditions led people to a path of eternal destruction. Jesus says destruction awaited them: “Ye serpents, ye generation of vipers, how can ye escape the damnation of hell?” (Matthew 23:33) “Woe unto you, scribes and Pharisees, hypocrites! for ye compass sea and land to make one proselyte, and when he is made, ye make him twofold more the child of hell than yourselves.” (Matt.23:15) Then we have the Pharisees questioning Jesus because His disciples were transgressing their traditions, but Jesus turned and questioned them: “Why do ye also transgress the commandment of God by your tradition?” (Matthew 15:3) Jesus let them know they were elevating their traditions above Scripture.
- “Ye do err, not knowing the scriptures, nor the power of God.” (Matthew 22:29)
- Like the Pharisees, the Roman Catholic Church elevates tradition above Scripture. But we are given a warning in the Bible:
- “Beware lest any man spoil you through philosophy and vain deceit, after the tradition of men, after the rudiments of the world, and not after Christ.” (Colossians 2:8)
The traditions of the Pharisees perverted the word of God, rendering it ineffective (Matt.15:1-9). Now for the three favorable references concerning tradition. “Now I praise you, brethren, that ye remember me in all things, and keep the traditions as I delivered them to you.” (1 Cor.11:2) “Therefore, brethren, stand fast, and hold the traditions which ye have been taught, whether by word or our epistle.” (2 Thess.2:15) “Now we command you, brethren, in the name of our Lord Jesus Christ, that ye withdraw yourselves from every brother that walketh disorderly, and not after the tradition which he received of us.” (2 Thess.3:6) Nowhere in the above verses does it refer to the Roman Catholic traditions that have developed in past centuries, tracing back to the time of the Apostles.
- 310 Prayers for the dead began.
- 375 The worship of saints.
- 394 The Mass was adopted
- 431 The worship of Mary began to develop.
- 593 The doctrine of purgatory was introduced.
- 606 Claims to papal supremacy took root.
- 650 Feasts in honor of the Virgin Mary started.
- 709 Kissing the pope’s foot began with Pope Constantine
- 750 The pope first assumed temporal power.
- 787 The worship of images and relics was introduced.
- 819 The first observance of the Feast of Assumption began.
- 850 The invention of holy water.
- 965 The blessing of the bells.
- 983 The canonization of saints was formulated.
- 998 Lent, Advent, and fasting from meat on Friday.
- 1003 Feasts for the dead were introduced
- 1074 The celibacy of the priesthood was asserted.
- 1076 The doctrine of papal infallibility suggested.
- 1090 The use of prayer beads (Rosary)
- 1115 Confession of sins to a priest was instituted.
- 1140 The doctrine of seven sacraments was introduced.
- 1190 The sale of indulgences.
- 1215 Transubstantiation was adopted by Pope Innocent III.
- 1216 The acceptance of auricular confession of sins to a priest.
- 1220 Holy water accepted
- 1226 The elevation and adoration of the wafer began.
- 1274 Purgatory was declared doctrine at the Second Council of Lyons.
- 1303 The Catholic Church as the only true Church for Salvation.
- 1316 The Ave Maria was introduced.
- 1414 Only Catholic priests can say the Mass and partake of the wine.
- 1438 Purgatory and the seven sacraments officially decreed.
- 1545 Tradition declared to be equal with Scripture by Council of Trent.
- 1546 The Apocryphal books added to the Bible by the Council of Trent.
- 1547 Rejection of justification by faith alone.
- 1562 The Mass declared a propitiatory offering.
- 1854 The immaculate conception announced by Pius IX.
- 1864 The doctrine of the temporal power of the pope was proclaimed.
- 1870 Papal infallibility was proclaimed at Vatican I.
- 1950 The bodily assumption and personal corporeal presence of the Virgin in heaven proclaimed by Pope Pius III.
Even with the above stated, there was much dissension by Catholic scholars concerning certain doctrine. For instance, at the Council of Trent, not everyone thought the Apocrypha was Scripture. Nacchianti and Bonuccio rejected the idea that tradition held equal footing with the Scriptures (Gerrit C.
Berkouwer, The Second Vatican Council and the New Catholicism Grand Rapids: Eerdmans, 1965, p.93). And not all believed the pope should be considered infallible, nor did some of them accept the idea of Mary’s immaculate conception (See encyclopedia articles on Vatican II and August Bernhard Hasler, How the Pope Became infallible: Pius IX and the Politics of Persuasion, Garden City, NY: Doubleday, 1981, pp.189ff.) There are many more Scriptural abuses that could be added to the list above: monks, nuns, monastaries, convents, holy week, Ash Wednesday, holy oil, Palm Sunday, All Saints Day, relics, novenas, St.
Christopher medals, charms, incense, forty days of lent, etc. etc. The above is nothing more than human inventions that have developed throughout the centuries. Not one of these traditions can be found in Scripture. As far as the three favorable Scriptures relating to tradition? Whatever was taught orally, was eventually put down into writing.
- During the time of the Apostles, the Scriptures were still developing, and whatever was taught orally by the Apostles was eventually written down.
- This is even indicated by Paul.
- He presents to them what he earlier taught them orally: “For I have received of the Lord that which also I delivered unto you,” (1 Cor.11:23) He also says: “Remember ye not, that, when I was yet with you, I told you these things ?” (1 Thess.2:5) So here Paul is writing and elaborating what he had told (orally) them previously.
And when it comes to “tradition,” it has to do with what the Apostles commanded them earlier, but now have it in writing: “Now we command you, brethren, in the name of our Lord Jesus Christ, that ye withdraw yourselves from every brother that walketh disorderly, and not after the tradition which he received of us.
- Peter also says:
- “Moreover I will endeavour that ye may be able after my decease to have these things always in remembrance,” (2 Peter 1:15)
- It is obvious Peter is relating to what he had said earlier so they will remember. He wanted them to remember for there were some who were already trying to corrupt the word of God:
- “For we are not as many, which corrupt the word of God:” (2 Cor.2:17)
Something documented in writing is more reliable than trusting in oral teachings which inevitably is less accurate, even within ten minutes of its transmission. Could you imagine over a period of many centuries?
- People searched the Scriptures, it was their final authority. We should follow the same example:
- “These were more noble than those in Thessalonica, in that they received the word with all readiness of mind, and searched the scriptures daily, whether those things were so,” (Acts 17:11)
- Jesus says:
“.If a man love me, he will keep my words: and my Father will love him, and we will come unto him, and make our abode with him. He that loveth me not keepeth not my sayings.” (John 14:23-24) What the Apostles taught was not Catholic doctrine. For that matter, Catholicism did not exist.
Either God’s words are taken as final authority or the teachings and traditions of the Roman Catholic church. “Heaven and earth shall pass away, but my words shall not pass away.” (Matt.24:35) As harsh and unpopular as it sounds, we are admonished to avoid anyone who teaches doctrines which are opposed to Scriptures: “Now I beseech you, brethren, mark them which cause divisions and offences contrary to the doctrine which ye have learned; and avoid them.
For they that are such serve not our Lord Jesus Christ, but their own belly, and by good words and fair speeches deceive the hears of the simple.” (Romans 16:17-18). “But though we, or an angel from heaven, preach any other gospel unto you than that which we have preached unto you, let him be accursed.” (Gal.1:8) “As we said before, so say I now again, If any man preach any other gospel unto you than that ye have received, let him be accursed.” (Gal.1:9) Nowhere in Scripture does it say God gave the final authority to the Roman Catholic Church.
Can the U.S. Supreme Court review a state Supreme Court decision?
U.S. Supreme Court
One is specifically named as chief justice (John Roberts), while others are associate justices.
A substantial federal question must be present.
Must be a real question. If the issue was a long-settled one, then no question exists.
Example: If a local obscenity ordinance is challenged and the Oklahoma Supreme Court holds that the ordinance violates both the state and U.S. constitutions, then the federal question is not crucial to the decision. The ordinance could not stand even if it’s okay under the U.S. Constitution because it still violates the state constitution.
This involves federalism and a respect for states’ autonomy. Article IV of the U.S. Constitution declares that federal constitution and federal laws are the supreme law of the land. This doctrine of national supremacy provides the basis for the U.S. Supreme Court’s review of state court rulings. Nonetheless, a fine balance must be maintained between national supremacy and the rights of states in a federal system. Therefore, the presumption is that the states are capable of rectifying their own errors and the federal judiciary should not step in too readily or easily.
The losing side in the lower court files a petition for writ of certiorari,
A writ is a court order. Writ of certiorari: the order the Supreme Court issues when it agrees to review a lower court decision; or a Supreme Court order agreeing to hear an appeal.
- Possible Reasons for Denial:
- See no flaw in lower court decision.
- No substantial legal issue.
- Court’s allowed time filled.
- Waiting for set of facts to address an issue.
- Don’t want side issues.
- The Court receives the transcripts.
- Both sides file lengthy case briefs.
- Lawyers for both sides make oral arguments before the court. The justices question the lawyers, but these questions don’t necessarily indicate how the justices will decide the case.
- The justices vote in closed system.
- They determine who will write the court’s opinion. The chief justice writes the opinion if he is in the majority. If not, then the senior justice in the majority writes the opinion.
- Majority – at least five of the nine justices agree.
- Concurring – written when the majority didn’t go far enough or went too far; the justice has something else to say.
- Plurality – opinion supported by more justices than any other opinion in a single case, but not supported by a majority of the justices.
- Dissenting – minority justices explain their reasons for not agreeing with the majority.
- Per curiam – an unsigned opinion issued by and for the entire court rather than by one judge writing for the court.
: U.S. Supreme Court
Can the U.S. Supreme Court review a state Supreme Court decision quizlet?
The Supreme Court can only review a state court decision if the decision was based on federal law. The Supreme Court may not review a state decision if there are ‘independent and adequate’ state grounds for the decision, because doing so would amount to issuing an advisory opinion, which is disallowed.
What is a landmark Supreme Court decision?
What is a landmark case? – A landmark case is a court case that is studied because it has historical and legal significance. The most significant cases are those that have had a lasting effect on the application of a certain law, often concerning your individual rights and liberties.
What is a landmark decision of the US Supreme Court?
Participate in interactive landmark Supreme Court cases that have shaped history and have an impact on law-abiding citizens today. Bethel School District #43 v. Fraser (1987) Holding: Students do not have a First Amendment right to make obscene speeches in school.
- Matthew N.
- Fraser, a student at Bethel High School, was suspended for three days for delivering an obscene and provocative speech to the student body.
- In this speech, he nominated his fellow classmate for an elected school office.
- The Supreme Court held that his free speech rights were not violated.
- This case relates to students.
Board of Education of Independent School District #92 of Pottawatomie County v. Earls (2002) Holding: Random drug tests of students involved in extracurricular activities do not violate the Fourth Amendment. In Veronia School District v. Acton (1995), the Supreme Court held that random drug tests of student athletes do not violate the Fourth Amendment’s prohibition of unreasonable searches and seizures.
Some schools then began to require drug tests of all students in extracurricular activities. The Supreme Court in Earls upheld this practice. *This case relates to students. Brown v. Board of Education (1954) Holding: Separate schools are not equal. In Plessy v. Ferguson (1896), the Supreme Court sanctioned segregation by upholding the doctrine of “separate but equal.” The National Association for the Advancement of Colored People disagreed with this ruling, challenging the constitutionality of segregation in the Topeka, Kansas, school system.
In 1954, the Court reversed its Plessy decision, declaring that “separate schools are inherently unequal.” Learn more about this case. Honor the important figures involved in the related cases Brown v. Board of Education and Mendez v. Westminster using a readers theater presentation.
Cooper v. Aaron (1958) Holding: States cannot nullify decisions of the federal courts. Several government officials in southern states, including the governor and legislature of Alabama, refused to follow the Supreme Court’s Brown v. Board of Education decision. They argued that the states could nullify federal court decisions if they felt that the federal courts were violating the Constitution.
The Court unanimously rejected this argument and held that only the federal courts can decide when the Constitution is violated. Engel v. Vitale (1962) Holding : School initiated-prayer in the public school system violates the First Amendment. In the New York school system, each day began with a nondenominational prayer acknowledging dependence upon God.
- This action was challenged in Court as an unconstitutional state establishment of religion in violation of the First Amendment.
- The Supreme Court agreed, stating that the government could not sponsor such religious activities.
- This case relates to students. Gideon v.
- Wainwright (1963) Holding: Indigent defendants must be provided representation without charge.
Gideon was accused of committing a felony. Being indigent, he petitioned the judge to provide him with an attorney free of charge. The judge denied his request. The Supreme Court ruled for Gideon, saying that the Sixth Amendment requires indigent criminal defendants to be provided an attorney free of charge.
- Learn more about this case. Goss v.
- Lopez (1975) Holding: Students are entitled to certain due process rights.
- Nine students at an Ohio public school received 10-day suspensions for disruptive behavior without due process protections.
- The Supreme Court ruled for the students, saying that once the state provides an education for all of its citizens, it cannot deprive them of it without ensuring due process protections.
*This case relates to students. Grutter v. Bollinger (2003) Holding: Colleges and universities have a legitimate interest in promoting diversity. Barbara Grutter alleged that her Equal Protection rights were violated when the University of Michigan Law School’s attempt to gain a diverse student body resulted in the denial of her admission’s application.
- The Supreme Court disagreed and held that institutions of higher education have a legitimate interest in promoting diversity.
- This case relates to students.
- Hazelwood v.
- Uhlmeier (1988) Holding: Administrators may edit the content of school newspapers.
- The principal of Hazelwood East High School edited two articles in the school paper The Spectrum that he deemed inappropriate.
The student authors argued that this violated their First Amendment right to freedom of speech. The Supreme Court disagreed, stating that administrators can edit materials that reflect school values. Mapp v. Ohio (1961) Holding: Illegally obtained material cannot be used in a criminal trial.
While searching Dollree Mapp’s house, police officers discovered obscene materials and arrested her. Because the police officers never produced a search warrant, she argued that the materials should be suppressed as the fruits of an illegal search and seizure. The Supreme Court agreed and applied to the states the exclusionary rule from Weeks v.
United States(1914). Learn more about this case. Marbury v. Madison (1803) Holding: Established the doctrine of judicial review. In the Judiciary Act of 1789, Congress gave the Supreme Court the authority to issue certain judicial writs. The Constitution did not give the Court this power.
- Because the Constitution is the Supreme Law of the Land, the Court held that any contradictory congressional Act is without force.
- The ability of federal courts to declare legislative and executive actions unconstitutional is known as judicial review.
- Teach students the significance of Marbury v.
- Madison which establishes the concept of judicial review.
McCulloch v. Maryland (1819) Holding: The Constitution gives the federal government certain implied powers. Maryland imposed a tax on the Bank of the United States and questioned the federal government’s ability to grant charters without explicit constitutional sanction.
- The Supreme Court held that the tax unconstitutionally interfered with federal supremacy and ruled that the Constitution gives the federal government certain implied powers.
- Miranda v.
- Arizona (1966) Holding: Police must inform suspects of their rights before questioning.
- After hours of police interrogations, Ernesto Miranda confessed to rape and kidnapping.
At trial, he sought to suppress his confession, stating that he was not advised of his rights to counsel and to remain silent. The Supreme Court agreed, holding that police must inform suspects of their rights before questioning. Learn more about this case.
New Jersey v.T.L.O. (1985) Holding : Students have a reduced expectation of privacy in school. A teacher accused T.L.O. of smoking in the bathroom. When she denied the allegation, the principal searched her purse and found cigarettes and marijuana paraphernalia. A family court declared T.L.O. a delinquent.
The Supreme Court ruled that her rights were not violated since students have reduced expectations of privacy in school. New York Times v. Sullivan (1964) Holding : In order to prove libel, a public official must show that what was said against them was made with actual malice.
- The New York Times was sued by the Montgomery, Alabama police commissioner, L.B.
- Sullivan, for printing an advertisement containing some false statements.
- The Supreme Court unanimously ruled in favor of the newspaper saying the right to publish all statements is protected under the First Amendment.
- Learn more about this case.
Roper v. Simmons (2005) Holding : It is cruel and unusual punishment to execute persons for crimes they committed before age 18. Matthew Simmons was sentenced to death for the murder of a woman when he was 17 years of age. In the 1988 caseThompson v. Oklahoma, the Supreme Court ruled that executing persons for crimes committed at age 15 or younger constitutes cruel and unusual punishment in violation of the Eighth Amendment.
Roper argued that “evolving standards of decency” prevented the execution of an individual for crimes committed before the age of 18. A majority of the Supreme Court agreed with Roper, and held that to execute him for his crime would violate the Eighth Amendment. *This case relates to students. Santa Fe Independent School District v.
Doe (2000) Holding: Students may not use a school’s loudspeaker system to offer student-led, student-initiated prayer. Before football games, members of the student body of a Texas high school elected one of their classmates to address the players and spectators.
These addresses were conducted over the school’s loudspeakers and usually involved a prayer. Attendance at these events was voluntary. Three students sued the school arguing that the prayers violated the Establishment Clause of the First Amendment. A majority of the Court rejected the school’s argument that since the prayer was student initiated and student led, as opposed to officially sponsored by the school, it did not violate the First Amendment.
The Court held that this action did constitute school-sponsored prayer because the loudspeakers that the students used for their invocations were owned by the school. *This case relates to students. Terry v. Ohio (1968) Holding: Stop and frisks do not violate the Constitution under certain circumstances.
- Observing Terry and others acting suspiciously in front of a store, a police officer concluded that they might rob it.
- The officer stopped and frisked the men.
- A weapon was found on Terry and he was convicted of carrying a concealed weapon.
- The Supreme Court ruled that this search was reasonable. Texas v.
Johnson (1989) Holding: Even offensive speech such as flag burning is protected by the First Amendment. To protest the policies of the Reagan administration, Gregory Lee Johnson burned an American flag outside of the Dallas City Hall. He was arrested for this act, but argued that it was symbolic speech.
- The Supreme Court agreed, ruling that symbolic speech is constitutionally protected even when it is offensive.
- Learn more about this case. Tinker v.
- Des Moines (1969) Holding : Students do not leave their rights at the schoolhouse door.
- To protest the Vietnam War, Mary Beth Tinker and her brother wore black armbands to school.
Fearing a disruption, the administration prohibited wearing such armbands. The Tinkers were removed from school when they failed to comply, but the Supreme Court ruled that their actions were protected by the First Amendment. *This case relates to students.
- Learn more about this case.
- Teach students the significance of Tinker v.
- Des Moines which examines student’s First Amendment rights. U.S.v.
- Nixon (1974) Holding: The President is not above the law.
- The special prosecutor in the Watergate affair subpoenaed audio tapes of Oval Office conversations.
- President Nixon refused to turn over the tapes, asserting executive privilege.
The Supreme Court ruled that the defendants’ right to potentially exculpating evidence outweighed the President’s right to executive privilege if national security was not compromised. Zelma v. Simmons-Harris (2002) Holding: Certain school voucher programs are constitutional.
The Ohio Pilot Scholarship Program allowed certain Ohio families to receive tuition aid from the state. This would help offset the cost of tuition at private, including parochial (religiously affiliated), schools. The Supreme Court rejected First Amendment challenges to the program and stated that such aid does not violate the Establishment Clause.
*This case relates to students. DISCLAIMER: These resources are created by the Administrative Office of the U.S. Courts for educational purposes only. They may not reflect the current state of the law, and are not intended to provide legal advice, guidance on litigation, or commentary on any pending case or legislation.
What are 2 examples of landmark?
Example Sentences – The Golden Gate Bridge is a famous landmark in San Francisco. The battlefield is a national historical landmark, The moon landing is a landmark in space exploration. The decision was a landmark in legal history. Recent Examples on the Web Some of this will be less publicly contentious, like a recent announcement that the Court would reconsider the Chevron doctrine, a landmark principle that argues that courts should defer to federal agencies’ interpretations of ambiguous statutes, as long as the interpretation is reasonable. Leo Schwartz, Fortune Crypto, 17 May 2023 In a landmark ruling last January, a male couple from Kaohsiung city managed to successfully challenge the ban – when the court ruled that allowing joint adoption was in the best interest of their child. — Eric Cheung, CNN, 16 May 2023 This is a landmark win in the deep South, a region where working people experience some of the lowest wages and unionization rates in the country, particularly for workers of color. — Darren Walker, Fortune, 15 May 2023 The platypus, a species unique to Australia, was reintroduced into the country’s oldest national park just south of Sydney on Friday in a landmark conservation project after disappearing from the area more than half a century ago. — Reuters, NBC News, 15 May 2023 The result was a landmark series of films that have been embraced by generations of fans. — James Hibberd, The Hollywood Reporter, 15 May 2023 But these days the landmark home of wisecracks and cigar smoke, and legends like Milton Berle and Jerry Lewis, is trying to fight off extinction. — Julia Jacobs, New York Times, 15 May 2023 Erdogan ended his campaign Saturday night with prayers at the Hagia Sophia, the Istanbul landmark that Erdogan converted in 2020 from a museum into a mosque, to the delight of his pious supporters. — Zeynep Karatas, Washington Post, 14 May 2023 The school was a landmark of the Dollarway School District from its opening in the mid-1950s, using a slow-growth model before the first senior class graduated in 1958, after the system served students up to ninth grade. — I.c. Murrell, Arkansas Online, 14 May 2023 See More These examples are programmatically compiled from various online sources to illustrate current usage of the word ‘landmark.’ Any opinions expressed in the examples do not represent those of Merriam-Webster or its editors. Send us feedback about these examples.
What is the jurisdiction of the magistrate court in South Carolina?
SC Judicial Branch Magistrate Court There are approximately 300 magistrates in South Carolina, each serving the county for which he or she is appointed. They are appointed to four-year terms by the Governor upon the advice and consent of the Senate. Magistrates must also pass a certification examination within one year of their appointment.
- Magistrates generally have criminal trial jurisdiction over all offenses subject to the penalty of a fine, as set by statute, but generally, not exceeding $500.00 or imprisonment not exceeding 30 days, or both.
- In addition, they are responsible for setting bail, conducting preliminary hearings, and issuing arrest and search warrants.
Magistrates have civil jurisdiction when the amount in controversy does not exceed $7,500. : SC Judicial Branch
Which of the following is the best overall description of the part of the government the president of the United State oversees?
Which of the following is the best overall description of the part of the government the President of the United States oversees? the executive branch.