state court decision
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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?
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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 ...
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