Active Now

Spunky
Zack
Discussion » Questions » Legal » When judges' rulings are at odds which ruling wins? The judge from the higher court or does it go directly to The Supremes?

When judges' rulings are at odds which ruling wins? The judge from the higher court or does it go directly to The Supremes?

Posted - February 5, 2017

Responses


  • 46117
    Various functions

    In common law jurisdictions, courts interpret law; this includes constitutions, statutes, and regulations. They also make law (but in a limited sense, limited to the facts of particular cases) based upon prior case law in areas where the legislature has not made law. For instance, the tort of negligence is not derived from statute law in most common law jurisdictions. The term common law refers to this kind of law.
    In civil law jurisdictions, courts interpret the law, but are prohibited from creating law, and thus do not issue rulings more general than the actual case to be judged. Jurisprudence plays a similar role to case law.
    In the United States court system, the Supreme Court is the final authority on the interpretation of the federal Constitution and all statutes and regulations created pursuant to it, as well as the constitutionality of the various state laws; in the US federal court system, federal cases are tried in trial courts, known as the US district courts, followed by appellate courts and then the Supreme Court. State courts, which try 98% of litigation,[9] may have different names and organization; trial courts may be called "courts of common plea", appellate courts "superior courts" or "commonwealth courts".[10] The judicial system, whether state or federal, begins with a court of first instance, is appealed to an appellate court, and then ends at the court of last resort.[11]
    In France, the final authority on the interpretation of the law is the Council of State for administrative cases, and the Court of Cassation for civil and criminal cases.
    In the People's Republic of China, the final authority on the interpretation of the law is the National People's Congress.
    Other countries such as Argentina have mixed systems that include lower courts, appeals courts, a cassation court (for criminal law) and a Supreme Court. In this system the Supreme Court is always the final authority, but criminal cases have four stages, one more than civil law does. On the court sits a total of nine justices. This number has been changed several times.
      February 5, 2017 7:39 AM MST
    0

  • 3907
    Hello Rosie:

    It's fairly simple..  Let's say a ruling from a district court is appealed.  Then let's say THAT ruling is appealed to the Supreme Court.  IF the Supreme Court CANNOT decide, because they are EVENLY divided, the lower appellate court ruling stands for the nation..

    The GOOD thing for libs, is that the ruling we're talking about happened in the VERY LIBERAL 9th Appellate District.  And, SINCE the Supreme Court is evenly divided, the Seattle judges order will stand..

    excon
      February 5, 2017 7:45 AM MST
    0