In Martin v. Hunter's Lessee ( 1816 ), the Supreme Court confronted the Chief Justice of Virginia, Spencer Roane, who had previously declared a Supreme Court decision unconstitutional and refused to permit the state courts to abide by it.

The courts, when confronted with violations of Charter rights, have struck down unconstitutional federal and provincial statutes and regulations or parts of statutes and regulations, as they did when Canadian case law was primarily concerned with resolving issues of federalism.

The courts, when confronted with violations of Charter rights, have struck down unconstitutional statutes or parts of statutes, as they did when Canadian case law was primarily concerned with resolving issues of federalism.

* Pennekamp v. Florida, 328 U. S. 331 ( 1946 )-Reed authored this majority opinion for a court which confronted the issue of whether judges could censor newspapers for impugning the reputation of the courts.

In the few instances in which courts have been confronted with the assertion that TONA was indeed ratified, judges have brushed those claims aside.

In part, the large number of cases decided and the variety of issues confronted reflected the lack of discretion the Court had at the time in hearing appeals from lower federal and state courts.

American courts have taken varying approaches when confronted with these software license agreements.

U. S. federal courts, when confronted with real cases or controversies in which the federal court's decision will turn in part on a question of state law, occasionally ask the highest court of the relevant state to give an authoritative answer to the state-law question, which the federal court will then apply to its resolution of the federal case ( see e. g. Pullman abstention ).

* Although federal courts may often be called upon to interpret the law of a state, they are really just guessing at the conclusions a state court would arrive at when confronted by the same question.

The time is now ripe for such legislation in the civil arena ; litigants and their counsel are confused and unsure as to how to proceed in cases where the government raises the privilege ; the courts themselves are confronted with precedent going in many different directions as to the scope of their authority and the requirements exercising it.

States were free to enact, within broad, though ( perhaps ) determinate limits, their own rules as to the application of foreign law by their courts, to vary the law merchant, and to enact legislation with regard to many claims arising on the high seas.

Then in 1875, apparently in response to the nationalizing influence of the Civil War, Congress first gave the lower federal courts general authority -- concurrently with state tribunals -- to decide cases involving federal-right questions.

To put it differently, state and federal courts have concurrent jurisdiction with respect to most claims of federal right.

By 1910 the courts were crowded with cases, many of them brought by freebooters who trafficked in disputed inventions.

Out of the church and into his big car, it tooling over the road with him driving and the headlights sweeping the pike ahead and after he hit college, his expansiveness, the quaint little pine board tourist courts, cabins really, with a cute naked light bulb in the ceiling ( unfrosted and naked as a streetlight, like the one on the corner where you used to play when you were a kid, where you watched the bats swooping in after the bugs, watching in between your bouts at hopscotch ), a room complete with moths pinging the light and the few casual cockroaches cruising the walls, an insect Highway Patrol with feelers waving.

The right to file an appeal can also vary from state to state ; for example, the New Jersey Constitution vests judicial power in a Supreme Court, a Superior Court, and other courts of limited jurisdiction, with an appellate court being part of the Superior Court.

" Appellate review " is the general term for the process by which courts with appellate jurisdiction take jurisdiction of matters decided by lower courts.

" Generally speaking, an appellate court's judgment provides ' the final directive of the appeals courts as to the matter appealed, setting out with specificity the court's determination that the action appealed from should be affirmed, reversed, remanded or modified '".

Depending on the system, certain courts may serve as both trial courts and appellate courts, hearing appeals of decisions made by courts with more limited jurisdiction.

The new Constitution provided for a much stronger national government with a chief executive ( the president ), courts, and taxing powers.

Without such a declaration, Paine concluded, “ he custom of all courts is against us, and will be so, until, by an independence, we take rank with other nations .”

In 1256, the castrum of Abensprech was first mentioned, and on 12 June 1348, Ludwig, Margrave of Brandenburg, and his brother, Stephen, Duke of Bavaria, raised Abensberg to the status of a city, giving it the right to operate lower courts, enclose itself with a wall and hold markets.

Large piles of building were erected, with strong outside walls, capable of resisting the assaults of an enemy, within which all the necessary edifices were ranged round one or more open courts, usually surrounded with cloisters.

Together with his father and brothers, Alexios had conspired against Emperor Andronikos I Komnenos ( c. 1183 ), and thus he spent several years in exile in Muslim courts, including that of Saladin.

On the way home, he negotiated with King Levon I of Armenia, the Emperor Theodore I Laskaris of Nicaea and Tsar Ivan Asen II of Bulgaria and arranged several marriage contracts between his children and the courts he visited.

These are the assembly ( in some cases with a quorum of 6000 ), the council of 500 ( boule ) and the courts ( a minimum of 200 people, but running at least on some occasions up to 6000 ).

Increasingly, responsibility was shifted from the assembly to the courts, with laws being made by jurors and all assembly decisions becoming reviewable by courts.

( As we have seen, the Erie and York decisions require federal courts in diversity cases to follow state decisional rules.

Does Lincoln Mills suggest that if Congress granted jurisdiction over interstate divorce cases, the federal courts would be authorized to fashion a national law for the dissolution of marriages??

Thus far, the cases which have come before the courts have involved only the issue of referral where the job is vacant due to a strike -- condition ( 1 ) in the Regulation of the Secretary.

In Anglo-American common law courts, appellate review of lower court decisions may also be obtained by filing a petition for review by prerogative writ in certain cases.

In most jurisdictions, the court system is divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case ; at least one intermediate appellate court ; and a supreme court ( or court of last resort ) which primarily reviews the decisions of the intermediate courts.

Some jurisdictions have specialized appellate courts, such as the Texas Court of Criminal Appeals, which only hears appeals raised in criminal cases, and the United States Court of Appeals for the Federal Circuit, which has general jurisdiction but derives most of its caseload from patent cases, on the other hand, and appeals from the Court of Federal Claims on the other.

Unlike most Common-law jurisdictions, the majority of civil law jurisdictions have specialized courts or sections to deal with administrative cases which, as a rule, will apply procedural rules specifically designed for such cases and different from that applied in private-law proceedings, such as contract or tort claims.

The courts of appeal in administrative cases however are specialized depending on the case, but most administrative appeals end up in the judicial section of the Council of State ( Raad van State ).

In Sweden, there is a system of administrative courts that considers only administrative law cases, and is completely separate from the system of general courts.

Migration cases are handled in a two-tier system, effectively within the system general administrative courts.

However, retired Associate Justices ( unlike judges on senior status ) take no part in the consideration or decision of any cases before the Supreme Court, although they may be appointed by the Chief Justice to sit on lower courts.

In cases where the parties disagree on what the law is, a common law court looks to past precedential decisions of relevant courts.

Later decisions, and decisions of higher courts or legislatures carry more weight than earlier cases and those of lower courts.

Later cases interpreted the " judicial power " of Article III to establish the power of federal courts to consider or overturn any action of Congress or of any state that conflicts with the Constitution.

The United States federal courts are divided into twelve regional circuits, each with a circuit court of appeals ( plus a thirteenth, the Court of Appeals for the Federal Circuit, which hears appeals in patent cases and cases against the federal government, without geographic limitation ).

These courts essentially overrule all previous cases in each new case, and older cases survive only to the extent they do not conflict with newer cases.