They use prior case law, the Constitution, Bill of rights and other federal and state statutes....etc.
2006-11-30 13:47:10
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answer #1
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answered by Reba K 6
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In New York, the Supreme Courts are the trial courts and they most definitely have juries.
Usually, appellate courts decide issues of law. In most states, the state supreme court is the highest court of appeal. Juries only decide the facts, not the law. They must apply the law as given them by the judge (instructing the jury).
2006-11-30 22:01:31
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answer #2
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answered by thylawyer 7
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Juries decide issues of truth.
The appellate courts decide issues of law. The Supreme Court decides how the constitution applies to a case.
Members of the Supreme Court make their decisions individually and put their arguments in writing. A case in question is decided by the majority of the justices.
2006-11-30 21:51:48
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answer #3
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answered by Trailcook 4
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The supreme court is in place to decide if the lower court ruling was correct or needs to be sent back for re-trial, review or thrown out. They don't find anyone guilty or not guilty because that has already been done by the lower court. They review cases that are under question because of a specific legal point. Examples: Review a case where a person says that they were found guilty because of ineffective counsel. Or they hear a case that is being appealed because of something the police or prosecutor did wrong.
2006-11-30 21:50:37
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answer #4
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answered by foxfire 2
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The appeals courts and the US Supreme court are dealing with questions of law. They are not determining questions of fact.
Juries are finders of fact, not interpreters of law. The vast majority of cases that go to appeals and Supreme Court are being appealed due to a question of law or error in process.
These courts will 'remand' the case back to the lower court to determine the facts based on their new interpretation of the law.
And the Supreme Court does not have to accept a case, they can refuse to hear a case, which could mean they don't see a problem with what happened below.
2006-11-30 22:13:18
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answer #5
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answered by Aggie80 5
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The Supreme Courts have 9 Justices, they are the Judges and the Jury both.
The cases are presented to them, they are based on prior case law, and the Constitution
2006-11-30 21:53:19
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answer #6
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answered by Anonymous
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Supreme courts are only evaluating appeals, not conducting trials. That's the short answer.
2006-11-30 21:54:08
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answer #7
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answered by Anonymous
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The judges make their decisions after long & thoughtful consideration. (hopefully without prejudice).
2006-11-30 21:48:08
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answer #8
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answered by mstrywmn 7
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