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the supreme court must hear any case that invovles a constituional right set forth in the bill of rights

2007-08-26 10:24:02 · 5 answers · asked by smooth999 1 in Politics & Government Law & Ethics

5 answers

False,

The court passes on appeals of cases involving constitutional questions all the time, since these have been decided by a lower court, or are against well-established precedent.

2007-08-26 10:30:46 · answer #1 · answered by Anonymous · 0 0

False - may be Federal or State (District) Supreme Courts. No case is "automatically heard" in any court.

The United States Supreme Court consists of the Chief Justice of the United States and eight associate justices. At its discretion, and within certain guidelines established by Congress, the Supreme Court each year hears a limited number of the cases it is asked to decide. Those cases may begin in the federal or state courts, and they usually involve important questions about the Constitution or federal law.
http://www.uscourts.gov/supremecourt.html

28 U.S.C. § 1331: "The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States."
http://www.law.cornell.edu/uscode/html/uscode28/usc_sec_28_00001331----000-.html

The American legal system includes both state courts and federal courts. Generally, state courts hear cases involving state law, although they may hear cases involving federal law as well so long as the federal law in question does not grant exclusive jurisdiction to federal courts. Federal courts may only hear cases where federal jurisdiction can be established. Specifically, the court must have both subject-matter jurisdiction over the matter and personal jurisdiction over the parties.

They flow from Article III, Section 2 of the United States Constitution. Standing means that a person raising a constitutional issue must be someone who, if his or her assertion is correct, will personally suffer an infringement of his or her rights if the court does not intervene.

The effect is that federal courts in the United States do not issue advisory opinions or rule on hypotheticals.
http://en.wikipedia.org/wiki/Federal_jurisdiction

2007-08-26 17:44:25 · answer #2 · answered by pepper 7 · 2 0

Not a lawyer, but my understanding is that, except for certain disputes specified in the Constitution (disputes between a state and another state or foreign country, e.g) the Supreme Court itself decides what cases it will hear. Moreover, there may not be a constitutional question until the Court says so.

PS: try spell check before you submit a question

2007-08-26 17:32:07 · answer #3 · answered by Anonymous · 0 0

False. the Supreme Court is the final court of appeals, but they are not obligated to hear every case.

2007-08-26 17:32:20 · answer #4 · answered by fangtaiyang 7 · 0 0

Only if the case has merit, or if the State Supreme court kicks it up to them.
Man, isn't that spell check of yours working?

2007-08-26 17:28:09 · answer #5 · answered by Anonymous · 0 0

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