What exactly allows the court to set aside laws passed by the legislature and the President?
Sunday, January 27th, 2008 at
3:41 am
Don asked:
What is it called when a supreme court agrees with the lower court ruling?
What where to buy prescription drugs without prescription do you call a decision that sends a case back to the lower court?
10 points!!!!
What is it called when a supreme court agrees with the lower court ruling?
What where to buy prescription drugs without prescription do you call a decision that sends a case back to the lower court?
10 points!!!!
Tagged with: Court Ruling • Lower Court • Supreme Court
Filed under: Attorney FAQ
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The courts are (supposedly) bound by their jurisdiction’s constitutions. Regardless of what lawmakers or voters say, if the state/US Supreme Courts deems that it violates the constitution, they will strike it down.
To agree with the lower court is “Affirm,” to send it back down for a re-hearing is “remand.” The courts can either outright reverse a decision (no further hearings, the decision is simply reversed) or they can reverse and remand, meaning they disagree with at least part of the reasoning and order the lower court to re-hear it.
The US Supreme Court affirms lower court rulings when they agree with them.
They apply a test of constitutionality to see if the law meets the standards. If not, it’s thrown out.
Think of it like this…
A teacher in a classroom makes rules for her classroom. (actual lawmakers)
The principal of her school has oversight of those rules. (lower courts)
The school board has the final decision on rules IF they come to them. (Supreme Court)
For instance, Miss Teachem makes a rule that all students who are late for class have to stand under a neon sign that says “I was late!” until lunch.
Little Billy is late, has to stay under the sign and when he gets home that night he tells his mom. She’s outraged and goes to talk to Miss Teachem about it, saying she doesn’t want her son to be humiliated. Miss Teachem says she’s sorry, but that is a classroom rule and it can’t be bent for any student.
Billy’s mom goes to Principal Crankypants, who completely agrees with Miss Teachem’s rule, even though it’s kind of iffy in the code of conduct.
Billy’s mom then goes to the school board, who looks at the code of conduct for teachers, sees something about not humiliating students and agrees with Billy’s mom. Miss Teachem can’t use her neon sign any more. (But don’t worry, she can’t get a reprimand either, the teacher’s union won’t allow it.)
It’s an oversimplified example, but you get the idea.
Now please tell me this isn’t for homework!
OH! One more thing! The Court likely will pick one element to rule on and it may not even be the exact one that the person is complaining about, they try and do as little to forge new definitions and precedents as possible. In my example, rather than decide the practice was bad, they could say using neon signs in a classroom is bad and shoot the rule down because of that.