Can state court cases be appealed beyond the state supreme court?

1 Answer

Answer :

It depends on the circumstance.If the issue in question (the issue that caused the appeal) is an error regarding state law, then the state supreme court would be the final appeal.If the issue in question is an error regarding federal law, then the case could potentially be appealed to the United States Supreme Court.For example:If the appeal is based on a misinterpretation of the elements of a crime, the issue is with the state government. If the trial judge convicted someone of burglary, when the elements of burglary were not met, the state supreme court would be the final appeal. This is because the crime of "Burglary" is based on state law. The federal court system does nothave the ability to interpret state laws.However, if the appeal is based on a violation of U.S law, the issue is with the U.S government. If the trial judge convicted someone of burglary, but the evidence was illegally obtained, the case could potentially be appealed to the United States Supreme Court. This is because the rules of evidence collection is based on federal law (The 4th and 14th Amendments to the U.S Constitution). The federal court system does have the ability to interpret Federal Laws (obviously).So, in the first example, the case would start out in a1. Trial Court (or a normal court)Then, could potentially be appealed to the2. State Appellate CourtAnd, afterward, may potentially be appealed (again) to the3. State Supreme CourtWhereas, in the second example, the case would start out in a1. Trial CourtThen, could potentially be appealed to the2. State Appellate CourtThen, potentially the3. State Supreme CourtAnd the final appeal could be toward the4. United States Supreme CourtHowever, keep in mind that these appeals are not automatically accepted. The appellate courts are certainly capable of rejecting the appeal.

Related questions

Description : Can state court cases be appealed beyond the state supreme court?

Last Answer : It depends on the circumstance.If the issue in question (the issue that caused the appeal) is an error regarding state law, then the state supreme court would be the final appeal.If ... these appeals are not automatically accepted. The appellate courts are certainly capable of rejecting the appeal.

Description : Judicial Review signifies that the Supreme Court – (1) has final authority in overall cases (2) can declare a state law as unconstitutional (3) can review cases whose decisions have been given by High Court (4) None of the above

Last Answer : (3) can review cases whose decisions have been given by High Court Explanation: Supreme Court can review cases whose decisions have been given by High Court.

Description : In the following cases, the Supreme Court has no adjudicatory jurisdiction to change the award - (1) Inter state river water disputes (2) Delimitation of constitution (3) Both (1) and (2) (4) Neither (1) nor (2)

Last Answer : (3) Both (1) and (b) Explanation: The Supreme Court has no adjudicatory jurisdiction to change the award in the case of interstate river water disputes and delimitation of constitution.

Description : In which case did the Supreme Court restore the primacy of the Fundamental Rights over the Directive Principles of State Policy? (1) Golaknath Case (2) Keshavananda Bharti Case (3) Minerva Mills Case (4) All the above cases

Last Answer : 3) Minerva Mills Case Explanation: The Directive Principles have been used to uphold the Constitutional validity of legislations in case of a conflict with the Fundamental Rights. Article 31C, added by ... grounds that they derogated from the Fundamental Rights onferred by Articles 14, 19 and 31.

Description : The Supreme Court of India acts as a Federal Court when it deals with – (1) Civil cases (2) Inter-State disputes (3) Appeals from lower courts (4) Election petitions

Last Answer : (2) Inter-State disputes Explanation: The Supreme Court. has exclusive original jurisdiction over any dispute between the Government of India and one or more States or between the Government of India and any ... of a legal right depend. In this capacity, it serves as the federal court of India.

Description : Which factor does the Supreme Court generally considered especially important when deciding which cases to review?

Last Answer : Whether lower courts have issued conflicting rulings in similar cases

Description : Which factor does the Supreme Court generally considered especially important when deciding the cases to review?

Last Answer : Whether lower courts have issued conflicting rulings in similar cases

Description : When are cases heard by supreme court?

Last Answer : The Supreme Court is the court of last resort. When all appealsand lower courts have heard and ruled on a case it may go to theSupreme Court, but the court doesn’t have to hear it and may letthe lower ruling stand or kick it back to the lower federalcourt.

Description : What Understanding the idea of the Constitution as a living document which pair of Supreme Court cases below is the best example of governmental interpretation changing on a single issue?

Last Answer : Need answer

Description : How the powers of the Supreme Court and federal law were extended by landmark court cases?

Last Answer : how the powers of the Supreme Court and federal law wereextended by landmark court cases

Description : How did the Supreme Court decision in the slaughter house cases affect American business?

Last Answer : What is the answer ?

Description : What is one reason the Supreme Court gave for its discussion in the 1883 discrimination cases?

Last Answer : Need answer

Description : How many court cases does the Supreme Court handle each year?

Last Answer : The justices of the Supreme Court only take on the cases that they wish to hear. Typically no more than 100 cases are heard by the court each year.

Description : In the case of Plessy v. Ferguson, the Supreme Court ruled that separate but equal facilities were constitutional; however, this ruling was overturned by other Supreme Court cases and segregation was found to be unconstitutional.?

Last Answer : 1

Description : Which one the following statements is not correct? (1) The Constitutional Amendment Bill has to be passed by both houses of Parliament separately with special majority (2) Constitutional cases in Supreme ... Freedom of speech and expression. (4) Zakir Hussain was the first Vice President of India

Last Answer : (4) Zakir Hussain was the first Vice President of India Explanation: Dr. Zakir Hussain served as sccond Vice President of India. Dr. Sarvepalli Radhakrishnan was the first Vice President of India.

Description : In which of the following cases, the Supreme Court held that fundamental rights are unamendable? (1) A. K. Gopalan’s case (2) Keshvananda Bharti's case (3) M. C. Mehta's case (4) Golak Nath's case

Last Answer : (2) Keshvananda Bharti's case Explanation: In 1967, in Golak Nath vs. The State of Punjab, a bench of eleven judgcs (such a large bench constituted for the first time) of the Supreme ... case), the "basic structure of the Constitution could not be abrogated even by a constitutional amendment".

Description : What was Birsa’s vision of a golden age? Why do you think such a vision appealed to the people of the region? -History

Last Answer : Birsa was deeply influenced by many of the ideas he came in touch within his growing-up years. The movement that he led aimed at reforming tribal society. He urged the Munda to give up drinking ... . They had got fed up with the colonial forest laws and the restrictions that were imposed on them.

Description : When water bug changed to dragonfly she saw world in new light . Think about new found things would have appealed to her most had you been in her placewhat things would you have loved the most?

Last Answer : Need answer

Description : Which outcomes of reconstruction most likely appealed to both southern blacks and whites?

Last Answer : the introduction of a tax-supported school system

Description : No liability is also accepted for the loss of registered articles in the following cases a) In circumstanced beyond the control. b) When disposal of the article cannot be traced due to destruction of records in ... by post d) When sender has not made complaint within one year. e) All of the above

Last Answer : e) All of the above

Description : What does an attorney charge to represent a person in court for debt that is beyond the Illinois Statute of Limitations to get the matter dismissed?

Last Answer : Technically, it's against the law for debt collectors to sue or even threaten to sue you for a time-barred debt, which is a debt whose statute of limitations has expired. ... A collector might sue you anyway if they believe that the statute of limitations hasn't passed.

Description : If the pregnancy of a woman is beyond 12 weeks and up to 20 weeks, for medical termination of pregnancy (MTP) a) opinion of one doctor is necessary b) opinions of two doctors are ... medical board with more than two doctors is necessary d) permission from the local civil court is necessary 

Last Answer : b) opinions of two doctors are necessary

Description : Do you think that laws, federal or state, should be examined and ruled on by the Supreme Court as to their constitutionality, before they are passed?

Last Answer : Yes! Great idea. @ragingloli

Description : What is the job of the state supreme court chief justice?

Last Answer : Need Answer

Description : When Congress challenged Oklahoma’s attempt to move its state capital, the Supreme Court sided with the state. Why?

Last Answer : Congress cannot set political conditions on states.

Description : When Congress challenged Oklahoma’s attempt to move its state capital, the Supreme Court sided with the state. Why?

Last Answer : Congress cannot set political conditions on states.

Description : Pensions of High Court judges are charged on the following - (1) Consolidated fund of India (2) Consolidated fund of State (3) Subject to the decision of Supreme Court (4) None of these

Last Answer : (1) Consolidated fund of India Explanation: Pensions of High Court judges are charged on the consolidated Fund of the India.

Description : Right to the enjoyment of pollution free water as interpreted by the Supreme Court in Subhas Kumar Vs. State of Bihar (1991) falls under - (1) Right to Equality (2) Right to Liberty (3) Right against Exploitation (4) Right to Life and Personal liberty

Last Answer : (4) Right to Life and Personal liberty Explanation: Right to life and personal liberty is Article 21 of Fundamental rights. Without this right, for an individual to enjoy other fundamental rights become meaningless.

Description : State Governor is appointed by - (1) Central Cabinet (2) Chief justice of Supreme Court (3) Speaker of Lok Sabha (4) President of India

Last Answer : (4) President of India Explanation: The Governor of the States of India is appointed by the President of India for a period of five years. A Governor is appointed on the advice of the Union Council of Ministers, or in reality on the advice of the Prime Minister.

Description : In India who is the executive head of the state? (1) Prime Minister (2) The President (3) The Chief justice of Supreme Court (4) The Governor

Last Answer : (2) The President Explanation: The president of India is the head of state and the commander-in-chief of the Indian Armed Forces whilst the elected prime minister acts as the head of the executive, and is responsible for running the union government.

Description : Which is not a correct statement? The Supreme Court: (1) is a watch-dog of citizen's liberty (2) settles electoral disputes of the President and Vice-President of India (3) interprets the Constitution (4) protects the Directive Principles of State Policy

Last Answer : (4) protects the Directive Principles of State Policy Explanation: The Directive Principles of State Policy are guidelines/ principles given to the central and state governments of India, to be kept in ... , contained in Part IV of the Constitution of India, are not enforceable by any court.

Description : The Advocate General in each state is – (1) appointed by the Governor (2) appointed by the President (3) appointed by the Chief Justice of the High Court (4) appointed by the Chief Justice of the Supreme Court

Last Answer : (1) appointed by the Governor Explanation: In India, an Advocate General is a legal adviser to a state government. The post is created by the Constitution of India and corresponds to that of Attorney ... is qualified to be appointed as a Judge of a High Court to be Advocate General for the State

Description : Chief Justice of High Court is appointed by - (1) President of India (2) Governor of the State (3) Chief Justice of the Supreme Court of India (4) Prime Minister of India

Last Answer : (1) President of India Explanation: The Chief Justice of High Court is appointed by the President of India with the consultation of the chief Justice of the Supreme Court and the Governor of the State.

Description : Which among the following court has the original jurisdiction to hear petition and give decision challenging election of the Lok Sabha/ Vidhan Sabha? (1) District Court of a constituency (2) High Court of the State (3) Special Judge authorised by the ChiefJustice of India (4) Supreme Court

Last Answer : (2) High Court of the State Explanation: The High Court has the original jurisdiction to hear petition and give decision challenging election of the Lok Sabha/ Vidhan Sabha.

Description : A Sitting Judge of the High Court or a Sitting District Judge can be appointed as a member of the State Human Rights Commission after consultation with - (1) the Governor (2) the Chief Justice of the ... of the concerned State (3) the Chief Justice of the Supreme Court of India (4) the President

Last Answer : (2) the Chief Justice of the High Court of the concerned State Explanation: A sitting judge of the High Court or a Sitting District Judge can be appointed as a member of the State Human Rights Commission after consultation with the Chief Justice of the High Court of the concerned State.

Description : The original jurisdiction of the Supreme Court of India does not extend to which of the following matters? (1) between the Government of India and one or more States (2) between the ... (4) dispute arising out of any treaty, agreement, covenant, engagement, sand or other similar instrument

Last Answer : (4) dispute arising out of any treaty, agreement, covenant, engagement, sand or other similar instrument Explanation: Any dispute between the Union and one or more states comes under the exclusive original jurisdiction of the Supreme Court of India.

Description : The power of the Supreme Court of India to decide disputes between the Centre and the State falls under its ________. (1) Advisory Jurisdiction (2) Appellate Jurisdiction (3) Constitutional Jurisdiction (4) Original Jurisdiction

Last Answer : (4) Original Jurisdiction Explanation: The power of the Supreme Court of India to decide disputes between the centre and the states falls under its original jurisdiction. The original jurisdiction of a court is ... or judge to pronounce the sentence of law, provided by law upon a state of facts.

Description : The Chief Justice of a High Court is appointed by – (1) The President (2) Chief Justice of the Supreme Court (3) Governor of the State (4) Chief Minister of the State

Last Answer : (1) The President Explanation: Judges in a High Court are appointed by the President of India in consultation with the Chief Justice of India and the governor of the state.

Description : Who can legislate on those residual matters which are not mentioned in Central/ State/Concurrent lists? (1) State legislatures exclusively (2) Parliament alone (3) Parliament after State legislatures concur (4) Parliament or State legislatures as adjudicated by the Supreme Court

Last Answer : (4) Parliament or State legislatures as adjudicated by the Supreme Court Explanation: The constitution vests the residuary power, i.e., the power to legislate with respect to any matter not enumerated ... to determine finally as to whether a particular matter falls under the residuary, power or not.

Description : District Judge is under the control of – (1) State Government (2) High Court (3) Supreme Court (4) Governor

Last Answer : (2) High Court Explanation: District judges administer justice in India at a district level. According to Article 235 of the Indian Constitution, they are under administrative control of the High Court of the State to which the district concerned belongs.

Description : The power to decide an Election Petition for the State is vested in the – (1) Parliament (2) Supreme Court (3) High Courts (4) Election Commission

Last Answer : (3) High Courts Explanation: Section 80-A of the Representation of the People Act, 1951 provides that the High Court shall be the authority for presentment of election petitions under Article 329(2) of the Constitution. This was incorporated by an amendment in the year 1966 (Act 47 of 1966).

Description : Supreme Court is the guardian for – (1) Fundamental Rights (2) Directive Principles (3) Preamble (4) Centre and State disputes

Last Answer : (1) Fundamental Rights

Description : Who admits a new State to the Union of India? (1) President (2) Supreme Court (3) Prime Minister (4) Parliament

Last Answer : (4) Parliament Explanation: Article 2 states that the parliament may, by law, admit new states into Union of India or establish new states on terms and conditions its deems fit. Article 3 empowers the ... or more states or parts of states or by uniting any territory to a part of any state.

Description : In which of the following matters, the Supreme Court uphold the importance of Fundamental Rights over directive principles of state policy

Last Answer : Golaknath Case

Description : The second schedule of RTI act 2005 can be amended by a) Central govt b) State govt c) Supreme court d) President

Last Answer : a) Central govt

Description : The District forum, the State commission or the National commission as the case  may be, shall have power of a  a) Supreme court judge b) High court judge c) Judicial magistrate of the first classd) All the above

Last Answer : c) Judicial magistrate of the first class

Description : How does the NHRC ACT. a. Under the Supreme Court of India b. Under the High Court of state in India c. Like as Chief Justice of India d. Under the President of India

Last Answer : c. Like as Chief Justice of India

Description : The President in consultation with Chief Justice of India and Governor of the State is appoints by a) Chief Justice of Supreme Court b) Chief Justice of High Court c) Justice of High Court d) Justice of Supreme Court

Last Answer : b) Chief Justice of High Court

Description : If the amount claimed by consumer is Rs. 89 Lacs, the case under the consumer protection act shall be filed with A. District Consumer Redressal forum B. State consumer Dispute Redressal Commission C. National consumer Dispute Redressal Commission D. Supreme court

Last Answer : B. State consumer Dispute Redressal Commission

Description : A monopolistic trade practice is deemed to be prejudicial to public interest except when A. Authorized by Central Government B. Authorized by State Government C. Authorized by Supreme Court D. None of the above

Last Answer : B. Authorized by State Government