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Rule 19 of the Supreme Court Rules allows for the certification of legal questions to the United States Supreme Court. The rule provides that "a United States court of appeals may certify to this Court a question or proposition of law on which it seeks instruction for the proper decision of a case. The certificate shall contain a statement of ...
In 1936, the Supreme Court of California held that because the state constitution reserves judicial decisionmaking to the judicial branch, it lacked jurisdiction to issue a writ of certiorari to review the decision of a state board unless that board had been expressly authorized by the state constitution to exercise judicial power. [34]
Writing for a unanimous California Supreme Court, Chief Justice Cantil-Sakauye affirmed the Court of Appeal’s order regarding class certification. [4] In so holding, the Court first found that the “suffer or permit to work” standard was the appropriate one for determining whether particular workers are employees within the definition of ...
The Antiterrorism and Effective Death Penalty Act of 1996 changed the procedures for issuing a certificate of appealability in federal court. Under the 1996 law, there can be no appeal from a final order in a §2255 proceeding unless a circuit justice or judge issues a certificate of appealability. [7] The United States Supreme Court held in ...
The modern form of Supreme Court certified question jurisdiction was enacted in 1925 and amended in 1949. [56] 28 U.S.C. § 1254 provides: Cases in the courts of appeals may be reviewed by the Supreme Court by the following methods:
California’s request to impose standards well beyond that is pending with the EPA. The state wants to end the sale of new vehicles that run solely on gasoline by 2035. ... The Supreme Court is ...
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The court also hears questions submitted to it by appeals courts themselves via a process known as certification. [200] The Supreme Court relies on the record assembled by lower courts for the facts of a case and deals solely with the question of how the law applies to the facts presented.