Explore BrainMass
Share

state court decision

This content was STOLEN from BrainMass.com - View the original, and get the already-completed solution here!

Political scientists study and dissect the unique divisions of law-making
authority between the national government as a centralized power source, and the fifty state governments as local law makers, but we also care about and study national vs. state power-sharing in judicial decision-making as well. Just as the U.S. Constitution delegates certain powers to the Congress, it likewise assigns certain jurisdiction to the national courts.

a) What jurisdiction does the U.S. Constitution assign/delegate to the U.S.

Supreme Court?... To the lower (â??inferiorâ?) U.S. Courts?

b) How does a case that commences as a state court case come to the U.S.

Supreme Court?

c) What happens when both state law and national law (including

Constitutional provisions) apply and are part of a state courtâ??s

determination? Is it reviewable by the U.S. Supreme Court?

d) What criteria does the U.S. Supreme Court use to determine whether to

review a state court decision and how has that changed over time?

© BrainMass Inc. brainmass.com October 25, 2018, 3:34 am ad1c9bdddf
https://brainmass.com/law/administrative-law/state-court-decision-345045

Solution Preview

Help needed with homework

Political scientists study and dissect the unique divisions of law-making
authority between the national government as a centralized power source, and the fifty state governments as local law makers, but we also care about and study national vs. state power-sharing in judicial decision-making as well. Just as the U.S. Constitution delegates certain powers to the Congress, it likewise assigns certain jurisdiction to the national courts.

a) What jurisdiction does the U.S. Constitution assign/delegate to the U.S.

Supreme Court?... To the lower (â??inferiorâ?) U.S. Courts?
The jurisdiction that the US Constitution delegates to the US Federal Court is given by Section 2 of Article Three of the US Supreme court. Further, the Eleventh Amendment to the US Cosntitution limits the jurisdiction of the Federal courts.
The cases in which the Supreme Court has original jurisdiction are those in which diplomats or a state is party. Even in those case there may be concomitant jurisdiction of lower Federal Courts. Usually, the cases that are heard in the federal Court are ones where a federal question is heard. The Federal question emerges from the constitution, US laws, or treaties. The next source of Federal cases is diversity jurisdiction or opposing parties from different states. The next source of Federal Cases is the supplemental ...

Solution Summary

This solution gives you a detailed discussion on state court decision

$2.19
See Also This Related BrainMass Solution

Business Law.... State of Georgia

You have successfully held your first training session on the common law tradition and sources of law! Now that everyone has an understanding of the origins of law, your next primer in this training series will explain the specifics of your state's court system. You must first perform the necessary research to locate your state court's website on the Internet. Once you have located your state court's website, you will prepare a 2- page, double-spaced paper outlining the basic structure of your state's court system in each county (or city). Include in your discussion an explanation of the jurisdiction (authority to hear cases) of these various trial courts. Specifically, explain in what trial court(s) in the state you would file specific types of claims. Additionally, explain the structure of the appellate courts in your state, naming each level of appeals court, if there is more than one level.

Be sure to identify your sources (website, etc.). Note: Please be sure you refer to the numbers that appear on the actual printed pages in your electronic readings, not the numbers that appear with the navigation icons.

(Note: Different states have different names for the primary trial court of each county, such as Superior Court, Municipal Court, Court of Common Pleas, etc., and some states have multiple courts in every county, such as Municipal Court, Family Court, Probate Court, and Small Claims Court. If you are having trouble locating your local court's site, you may choose a neighboring state.)

View Full Posting Details