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What is the Latin word for an apellate court order directing a lower court to act?
Wiki User
∙ 14y ago
You may be referring to a writ of mandamus or certiorari.
If the appellate court is directing a lower court official to take a particular action, they can issue a writ of mandamus. If they are ordering the lower court to send records for a case on appeal, they issue a writ of certiorari. Your question wasn't clear enough to determine which of the two you're asking about.
For more information, see Related Questions, below.
Wiki User
∙ 14y ago
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What type of jurisdiction is held by court that reviews the proceedings of a lower court?
Appellate court.
What happens when the US Supreme Court agrees with the lower court ruling?
If the US Supreme Court agrees with the lower court ruling, the decision is "affirmed," and becomes legally final (res judicata).
What term is used when the US Supreme Court agrees with the lower court?
Affirmed
What are the major problems with the lower courts and how might these be remedied?
Three major problems with the lower courts: 1) Neglect by bar associations, higher courts, and governmental agencies. 2) The volume and nature of their caseloads. 3) The trial de novo system, the system of new trials, that is, appeals from lower courts to a court of general jurisdiction.
What is an accurate description of the appellate jurisdiction of the US Supreme Court?
The Justices of the U.S. Court can reverse the decision of a lower court.
What is the order of the supreme court directing a lower court to send the court the record of a certain case?
The "document" is a court order called a "writ of certiorari."
Lower court is bound by similar opinions of a higher court in the same judicial system under a doctrine commonly referred to as?
Stare decisis (Latin)
What is lower court?
Example: Justice Of The Peace Court is lower than Municipal COurt. Municipal Court is lower than Circuit Court. Circuit Court is lower thatn Appeals COurt. Appeals Court is lower than Supeme Court. Etc. Etc.). Got the idea?
What does Mandate mean in a court of law?
Mandate could mean the following: An order from an appellate court directing a lower court to take a specified action - OR - A judicial command directed to an officer of the court to enforce a court order, judgment sentence or decree. The word mandate also has several other dictionary-type meanings.
What does disposition without our mandate means in appeals court?
Mandate could mean the following: An order from an appellate court directing a lower court to take a specified action. Or, a judicial command directed to an officer of the court to enforce a court order, judgment sentence or decree.Although the totality of the case would have to be taken into consideration to render a 100% accurate interpretation of what the Appeals Court was referring to, IT APPEARS that - "Disposition without our mandate." is very possibly a dismissal of the appeal, and that the disposition of the lower couirt is upheld without further comment by the Appeals Court.
What is the difference between an appeal and certiorari?
AnswerAppeal: A request asking a higher court to decide whether the trial or lower court decision was correct. Writ of Certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case the Court has accepted on appeal. The primary means by which the Court sets its docket.SOURCE: American Constitutional Law: Liberty, Community, and the Bill of Rights Volume 2, 3rd Edition. Authors: Donald P. Kommers, John E. Finn, Gary J. Jacobsohn.
Juvenile court probation court and traffic court are examples of what?
A divorce court is an example of a family court. These are considered to be among the lower courts than handle civil matters.
When an appeal is filed in a case which court has jurisdiction the lower court or higher court?
A 'higher' court will hear an appeal from a 'lower' court
Do lower courts consider Supreme Court precedents when making decisions?
Yes, if appropriate precedents exist for the case before the court. The US Supreme Court sets binding precedents, meaning lower courts are required to adhere to them (but don't always do so) under the doctrine of stare decisis (Latin: Let the decision stand).
What is a writ of supersedeas?
A writ of supersedeas is a legal order issued by a higher court that stays or suspends the enforcement of a judgment or decision from a lower court pending review. It is often used to prevent irreparable harm until the appeals process is completed.
What does the court grant to a case to tell the parties that it will hear the case?
If you're referring to the US Supreme Court, it grants a writ of certiorari, which is a court order issued to the lower court to send case records for review. Certiorari is Latin for "to inform" (or show or apprise).A writ of certiorari is a communication from an appellate court to a lower court, not to the parties in a case. If the justices grant a party's petition, the Clerk of Court notifies the parties' counsel of record, per Rule 16 of the Rules of the Court[2010].
What is the decision of the lower court if the US Supreme Court refuses to hear a case?
The decision of the lower court is final.
