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Can you go to the federal court system to appeal a state supreme court ruling?
Wiki User
∙ 13y ago
Generally, state court decisions can only be appealed to the US Supreme Court (not lower federal courts) if all avenues of appeal have been exhausted within the state court system and if the case involves a preserved federal question. A federal question is a matter that involves federal law, the US Constitution, or a US treaty. In order for a question to be preserved, it must be raised at the trial and at every appellate level.
Wiki User
∙ 12y ago
Wiki User
∙ 13y agoSometimes. If the case involves federal question jurisdiction - issues of federal law or constitutional violations that have been preserved (have been raised at the trial level, and each succeeding level of appeal) - you could petition the US Supreme Court for a writ of certiorari to review your case if you take action within 90 days of the state supreme court decision, but the odds of certiorari being granted are statistically slim (1-2%).
You may also be able to take the case to Federal District Court (trial) or a Circuit Court (appeal) and pursue a remedy there, but only under certain circumstances. The federal courts won't rule on state court actions due to the Rooker-Feldman doctrine, but may adjudicate criminal cases (for example) if there is a credible (and preserved) constitutional issue involved. Federal abstention doctrines limit the types of cases federal courts may hear, and when they may hear them.
If you are asking about a real case, please consult an attorney to discuss your options.
Wiki User
∙ 13y agoNot usually. A case can only be taken to the Federal Courts if it involves Federal Laws, or a dispute in more than one State.
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What is the federal court system?
The federal court system comprises the Supreme Court, circuit courts of appeal, and district courts. There are also specialized federal courts.
Why is the supreme court the most important part of the courts ruling?
maintains a federal system of government and representation.
What is the US courts system?
The federal court system comprises the Supreme Court, circuit courts of appeal, and district courts. There are also specialized federal courts.
Which court is HIGHER district or circuit?
In the Federal court system, the district courts are the "lowest" courts. Cases usually start in district court and are decided there. The circuit courts are courts of appeal. That means that you can appeal a district court's ruling to the circuit court (and then to the Supreme Court, if you still don't like the ruling). In that sense, the circuit courts are "higher" than the district courts.
What courts that are part of the Fedral judicial system?
The federal court system is comprised of the Supreme Court, circuit courts of appeal, and district courts. There are also specialized federal courts.
What are the three levels of the court system US?
The federal court system has three main levels: district courts (the trial court), circuit courts which are the first level of appeal, and the Supreme Court of the United States, the final level of appeal in the federal system.
Is local court part of the us court system?
Although law professionals will tell you it is a separate system, it is not. The US Supreme court has ruled that these systems are separate in so much as they are bound by the State constitution, and the Federal constitutions as well as the rulings of the US Supreme Court. State courts cannot divert from a Federal Court ruling; if they do the US Federal Court system will overturn the ruling.
What are similarities between Florida court system and federal court system?
the juristice federal court hols a convention
What effect did the supreme court have on economic development?
Some effects that the supreme court had on economic development were that the rulings reinforced capitalism as the ruling economic system in the U.S. Somewhere in the early 1800s, the Supreme Court made several rulings that helped define federal power over contracts and commerce. As aforementioned, these rulings reinforced capitalism as the ruling economic system in the United States.
The Supreme Court ruling that overturned a quota system requiring ten percent of federal public works funds to be set aside for minority-owned firms is?
adg
What are national courts?
(in the U.S.) that would be a reference to the Federal Court System (e.g.: US District Courts - US Courts of Appeal - The Supreme Court of the US - etc).
What is the job of a court of appeal?
There are different levels of courts. In most states, the primary state-level court is the "Superior Court" of each county. It can be called other things, though, depending on the state. The next-higher court in most states is the state Supreme Court. Some states, though, have some kind of appellate court in between. At the federal level, it's similar. There are US District Courts, and then Federal Courts of Appeals (appellate courts) just above them, and then the US Supreme Court above them. In both cases, the appellate court (the "appeals court") is tasked with the responsibility of reviewing the lower court's ruling and determining if the law was properly followed. If the lower court made a mistake (called "judicial error"), and if said judicial error was sufficiently important that it could have influenced the outcome of the case, then the appeals court will rule that the lower court made a mistake and that the case needs to be retried, or some part of it needs to be re-heard, or whatever is the appellate court's ruling. If the losing party doesn't agree with the appellate court's ruling, then it can appeal to the next-higher court: The Supreme Court. The Federal Court system is not a super appellate court for state court appeals. No state court rulings are ever appealed to the Federal District Court or Courts of Appeals. In the event a federal question (that is one involving federal law or the U. S. Constitution) is raised in a state court, the appeal process goes through the usual state court system. If a party disagrees with the State Supreme Court's interpretation of the federal question, the State Supreme Court's ruling may be appealed to the United States Supreme Court provided the US Supreme Court issues a writ of certiorari and agrees to hear the case. If the cases started out in the Federal District Court (because it was a federal, and not a state case), then the Federal Court of Appeals is who reviews it, on appeal, for judicial error; and the US Supreme Court is the next-highest court after that. Once the US Supreme Court rules, then it's over. That's the highest court in the land. There are no more appeals after that.
