Questions tagged [judiciary]

The judiciary is the system of courts that interprets and applies the law in a country, state or an international community. The judiciary mainly interprets and applies the law, but can in some systems create law.

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In the United States, must state courts follow rulings by federal courts of appeals?

In the United States, must state courts follow rulings by federal courts of appeals?
Jen's user avatar
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What happens if a judge disregards a mandatory minimal sentencing law?

What happens if a judge disregards the mandatory minimum sentence and sentences the convicted to time served or some other lesser amount of time? Would this judgement be binding? What would happen to ...
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If an appeals court orders a lower court to throw out a case, can this be appealed by the lower court?

Background On June 24th, 2020 in a 2 - 1 vote, a Washington appeals court ordered Judge Emmet Sullivan to throw out the case against Michael Flynn because both the prosecution and the defense wanted ...
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Why can't federal courts issue advisory opinions?

In the United States, federal courts are not allowed to issue advisory opinions under the "case or controversy" requirement specified in the Constitution. Many states also do not allow their courts to ...
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How did judicial review in the United States develop out of prerogative writs?

In this video, at 58:15 Justice Scalia says that the judicial review concept in the United States developed out of the prerogative writs: mandamus and injunction. What does he mean by that? How did ...
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