2007-10-27 13:21:25 · 4 answers · asked by R B H 1 in Politics & Government ➔ Law & Ethics
I don't think the original court can change its mind and get the case back. The referred to court has to decline jurisdiction and send it back to the original court. It will be up to the lawyers on either side to go to the new forum and present evidence and ask for the court to decline jurisdiction and send it back.
2007-10-27 13:27:09 · answer #1 · answered by bandkanon 2 · 0⤊ 0⤋
It depends. If the referral was a mistake, and the court it was referred to does not have proper jurisdiction, then yes they can take the case back. Usually, the court who the case has been referred to will just kick it back to the original court if such a thing happens (or if they don't have time to hear it).
2007-10-27 20:26:07 · answer #2 · answered by cyanne2ak 7 · 0⤊ 0⤋
There are times a court will refer a case to a higher court and the higher court will kick it back down. The Supremes do this on a regular basis.
2007-10-27 20:30:25 · answer #3 · answered by beez 7 · 0⤊ 0⤋
You want legal terms, ok, here we go:
jurisdiction
venue
bound over
appeal
writ of certiorari
These are all ways that courts may hear cases from other courts.
2007-10-27 21:30:18 · answer #4 · answered by http://www.wrightlawnv.com 4 · 0⤊ 0⤋