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Sometimes, the appellate court finds a defect in the procedure the parties used in filing the appeal and dismisses the appeal without considering its merits, which has the same effect as affirming the judgment below. (This would happen, for example, if the appellant waited too long, under the appellate court's rules, to file the appeal.)
An exception exists when this situation arises in one of the now-rare cases brought directly to the Supreme Court on appeal from a United States District Court; in this situation, the case is referred to the U.S. Court of Appeals for the corresponding circuit for a final decision there by either the Court of Appeals sitting en banc, or a panel ...
English: The United States Supreme Court did not jurisdiction to hear Citizens United v. the FEC. No court can hear a case if the District Court Clerk filled out the forms, when the attorneys for the case did not an Appearance of Counsel with a Certificate of Service, when the summonses do not bear the seal of the Court, Fraud of the Court occurred, etc.
The Supreme Court rejected an appeal by Elon Musk's social media company X, declining to decide whether prosecutors should have obtained data from Trump's Twitter account without him being notified.
A court of appeals may also pose questions to the Supreme Court for a ruling in the midst of reviewing a case. This procedure was formerly used somewhat commonly, but now it is quite rare. For example, while between 1937 and 1946 twenty 'certificate' cases were accepted, since 1947 the Supreme Court has accepted only four. [12]
The Wisconsin Supreme Court ruled 4-3 that the organizations at issue should have to pay into the state’s unemployment system because they are not operated primarily for religious purposes, even ...
A federal appeals court on Monday declined to block the U.S. Military Academy at West Point from considering race as a factor in admissions decisions, as the U.S. Supreme Court weighs whether to ...
If the New Jersey Supreme Court has less than five members available to hear a case, either because of vacancies or recusals, senior Appellate Division judges may be assigned to serve temporarily. [4] The Appellate Division has a central clerk's office that processes the filing of notices of appeal, briefs, motions and other papers.
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