New Hampshire State's Supreme Court Opinion Remanding Case to be Retried on Damages Only
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FAQ
Federal courts may overrule a state supreme court decision only when there is a federal question which springs up a federal jurisdiction.
What happens when the Supreme Court refuses to hear a case? When the Supreme Court refuses to hear a case the decision of the lower court stands.In other words one or more justices who agree with the majority's conclusion about a case, but for difference reasons.
A case can be appealed from a state supreme court to the US Supreme Court when there is a preserved federal question involved. A "preserved federal question" means the case raises issues about the US Constitution, federal law, or a US treaty at each step of the judicial process -- from trial through appeals.
According to Article 131, the Supreme Court of India has exclusive jurisdiction over disputes arising between two or more states, or between the centre and the states. Thus, in all such disputes, the aggrieved party, whether the centre or any state, must directly approach the Supreme Court.
Article III of the Constitution gives the Supreme Court broad authority to review questions of federal law, but the court's power to supervise state courts has been limited since the Judiciary Act of 1789, which made clear that the Supreme Court cannot review state court judgments on questions of purely state law.
On matters of state law, the judgment of a state supreme court is considered final and binding in both state and federal courts.Although state supreme court rulings on matters of state law are final, rulings on matters of federal law can be appealed to the Supreme Court of the United States.
While it is rare for the U.S. Supreme Court to hear appeals to rulings by the state supreme courts dealing with issues of state law, the Supreme Court will hear cases in which the state supreme court's ruling involves an interpretation or application of the U.S. Constitution.
Generally, a state supreme court, like most appellate tribunals, is exclusively for hearing appeals of legal issues. Although state supreme court rulings on matters of state law are final, rulings on matters of federal law can be appealed to the Supreme Court of the United States.
Under Article 32 of the Constitution of India any person can file a Writ Petition in the Supreme Court of India seeking to protect his/her fundamental rights, guaranteed by the Constitution of India. Any person can directly approach the Supreme Court of India only in the above mentioned situation.