State Suprem Court vs. Sate Laws?

Question

Which would have most authority, in a case involving breach of contact regarding a dilvery

a) A state supreme court ruling
b) A state Statute
c) A state Statue that defines delivery

Thank you

Answer 1

c.
Clearly a statute defining delivery would trump all other considerations. A state supreme court can only interpret statute when it is vague and subject to interpretation. A clear definition by the state legislature would supercede all challenges.

EDIT FOR LENKY...

Of course state supreme courts can rule on any issue. My point was, when a state legislature makes a clear and unambigous statement about the definition and meaning of delivery, the courts may not gainsay it.

A state court can only invalidate a law if it is in violation of the Constitution. Failing that, and dealing strictly with interpretation, when any court (State or Federal) interprets statute (per statute) it can always be over-riden by the legislature.

In the 1980's the US Supreme Court made a series of statutory interpretations on the 1964 Civil Rights Act. They were not interpreting the Constitution, but the statute. Congress disagreed with the court's ruling, and in 1991 reversed the Supreme Court by re-writing the law in the Civil Rights Act of 1991. The legislature silenced the court.

And THAT is my point. Yes, the state court can rule on any statute; but if the legislature is not happy with the court's statutory interpretation they may over-rule the state supreme court by providing a better definition of the law. And they can continue to do this until the court wises up. So long as a statute does not violate the fundamentals of the Constitution -- regardless of the priciples of judicial review -- the ultimate authority for statutory provision is now, and ever shall be, the legislature.

The answer is "C."

The Prosecution rests.

Answer 2

If the supreme court ruling relates to a specific case you have in mind, then that ruling takes precedence as it is founded upon the court's interpretation of the applicability of the laws of that state to the matter in question.

With reference to Jack's reply (and with all respect):
"Clearly a statute defining delivery would trump all other considerations. A state supreme court can only interpret statute when it is vague and subject to interpretation. A clear definition by the state legislature would supercede all challenges."

It is not true that a state supreme court can only interpret statute when it is vague and subject to interpretation. All state statutes can be considered by a state supreme court, regardless of any other person's subjective assessments of their "vagueness" or otherwise.

The state legislature frames, proposes, votes upon and passes bills that then become law, but the state supreme court is the foremost legal entity for determining the applicability of those laws in all cases that may be brought before it and which it is legally empowered to consider.

So, it is NOT clear that a statute defining delivery would trump all other considerations. Every case is different, which is why we have courts. The supreme court is so called because it is the highest authority in determining the validity, application and relevance of any state statutes in any case that it is legally empowered to hear and decide upon.

I rest my case...

Answer 3

A state supreme court ruling because in order for the court to make a ruling they would have to look at the state statute to see if the crime in question has met all the specific acts that would fulfill the requirements to that statute. sometimes it doesn't so that is why it is ruled as a lesser charge. that's pretty much all and this ruling is final unless you take it to an appellate court which only reviews your case and doesn't have to re try your case if they don't see any reason to unless a process in your trial was done improperly in which case they would make them redo that part of the trial or the whole thing.

Answer 4

A state supreme court if the ruling was after the law was passed!