"Party," in general legal parlance, means the Plaintiff(s) and Defendant(s), or the Petitioner(s) and the Respondent(s), or the Appellee(s) and Appellants(s), the specific people or organizations who have a grievance against each other. This does not include their attorneys, witnesses, or other related people.
The US Supreme Court most often refers to the parties as the Petitioner(s) (the person or people who requested the Court review their case on appeal) and the Respondent(s) (the Petitioner(s) opponent). They also use the terms Appellee and Appellant, but this is somewhat archaic language.
What does the supreme court case burns v. reed do?
Typically, whoever lost the last appeal petitions the Supreme Court to hear the case; however, either party may file.If the Court grants certiorari (agrees to hear the case), the appellant (party appealing the case) has an advantage when filing briefs and during oral arguments because they get to go first and rebut (answer) the opposing party's argument after the other party has spoken. If a case is clearly headed to the Supreme Court on appeal, both parties attempt to gain an edge by preempting the other.
Nothing, unless a party with standing to challenge the law files suit against the United States in US District Court, the losing party appeals the case to the appropriate US Court of Appeals Circuit Court (usually), and the subsequent losing party files a petition for a writ of certiorari (request to review the case) with the US Supreme Court. If they grant cert (accept the case), the Supreme Court will evaluate whether the law conforms to the US Constitution either in general, or as applied. If the Court determines the law is unconstitutional, it will be nullified and rendered unenforceable. It is important to note that the US Supreme Court does not systematically review every law Congress passes. Someone who is severely and directly, negatively affected by the law, and has a grievance that can be resolved by a court, must file suit and exhaust the required appeals process before the Supreme Court can review the case (and the law).
No. The US Supreme Court is the final court of appeal; if they deny your case, the decision of the lower court stands. There is no other avenue of appeal.
The party that brings the case, or files a petition for writ of certiorari, is called the Petitioner. The opposing party is called the Respondent.
If the US Supreme Court is the first to hear a case, the Court has original jurisdiction.
What does the supreme court case burns v. reed do?
Typically, whoever lost the last appeal petitions the Supreme Court to hear the case; however, either party may file.If the Court grants certiorari (agrees to hear the case), the appellant (party appealing the case) has an advantage when filing briefs and during oral arguments because they get to go first and rebut (answer) the opposing party's argument after the other party has spoken. If a case is clearly headed to the Supreme Court on appeal, both parties attempt to gain an edge by preempting the other.
If a state court declares a state law unconstitutional, the state will probably appeal the case to the state supreme court. If a state court declares a federal law unconstitutional, the losing party in the case will appeal the decision in the federal courts. The case could ultimately be heard by the US Supreme Court; however, if a lower court reverses the state court's decision and either the appropriate US Court of Appeals Circuit Court or US Supreme Court decline to consider the case, the decision of the lower federal court would be final. The US Supreme Court is the ultimate arbiter of constitutionality.
Nothing, unless a party with standing to challenge the law files suit against the United States in US District Court, the losing party appeals the case to the appropriate US Court of Appeals Circuit Court (usually), and the subsequent losing party files a petition for a writ of certiorari (request to review the case) with the US Supreme Court. If they grant cert (accept the case), the Supreme Court will evaluate whether the law conforms to the US Constitution either in general, or as applied. If the Court determines the law is unconstitutional, it will be nullified and rendered unenforceable. It is important to note that the US Supreme Court does not systematically review every law Congress passes. Someone who is severely and directly, negatively affected by the law, and has a grievance that can be resolved by a court, must file suit and exhaust the required appeals process before the Supreme Court can review the case (and the law).
No. The US Supreme Court is the final court of appeal; if they deny your case, the decision of the lower court stands. There is no other avenue of appeal.
If the US Supreme Court is the first to hear a case, they are exercising original jurisdiction; if the Court hears a case directly from US District Court under appellate jurisdiction, bypassing the intermediate US Court of Appeals Circuit Court, they are exercising expedited jurisdiction (as well as appellate jurisdiction).
Yes, sometimes. Certain US District Court decisions can be appealed to the US Supreme Court on direct or expedited appeal, if the case involves a statute in which Congress specified initial appeals go directly to the Supreme Court, or if the nature of the case is such that it is important and will undoubtedly be appealed all the way to the Supreme Court, anyway.The normal route for US District Court cases is an appeal to the US Court of Appeals Circuit Court over the District Court's Circuit, then petitioned to the US Supreme Court if a party is dissatisfied with the Circuit Court's decision.
The party that brings the case, or files a petition for writ of certiorari, is called the Petitioner. The opposing party is called the Respondent.
That depends on the case. Often, the state supreme court is the end of the road for a case, making the decision of the state supreme court final and binding. Sometimes cases involved federal questions (issues arising under the US Constitution or federal law) that allow them to be appealed to the US Supreme Court. If the US Supreme Court hears such a case, it may affirm or overturn the state supreme court decision.
There is no case that set up the Supreme Court. The US Supreme Court was required under Article III of the Constitution; Congress created it with the Judiciary Act of 1789.
Generally, the US Supreme Court will hear a case from US District Court on direct or expedited appeal if:The case is of such national or constitutional importance it would clearly be appealed to and accepted by the Supreme Court anyway; orThe case involves legislation in which Congress specified appeals of District Court decisions must go directly to the Supreme Court (bypassing the Circuit Court).