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A further hearing may be held if the Supreme Court makes a ruling inconsistent with a previous ruling or if the Court deems that the importance, difficulty or novelty of a ruling of the Court justifies such hearing. The Supreme Court also holds the unique power of being able to order "trial de novo" (a retrial).
The Supreme Court held its inaugural session from February 2 through February 10, 1790, at the Royal Exchange in New York City, then the U.S. capital. [11] A second session was held there in August 1790. [12] The earliest sessions of the court were devoted to organizational proceedings, as the first cases did not reach it until 1791. [9]
The Supreme Court holds discretionary jurisdiction, meaning that it does not have to hear every case that is brought to it. [123] To enforce judicial decisions, the Constitution grants federal courts both criminal contempt and civil contempt powers. Other implied powers include injunctive relief and the habeas corpus remedy.
Due to the coronavirus pandemic in early 2020 requiring social distancing to prevent spread of the virus, the Supreme Court cancelled several oral arguments in the months of March and April and, as to prevent excessive backup on their schedule, held oral arguments in about a dozen cases via teleconference in May 2020. All remaining cases ...
This means that the plain meaning rule (and statutory interpretation as a whole) should only be applied when there is an ambiguity. Because the meaning of words can change over time, scholars and judges typically will recommend using a dictionary to define a term that was published or written around the time the statute was enacted. Technical ...
This statute provides that lower federal courts may also hear cases where the Supreme Court has original jurisdiction, [1]: 19–20 with the exception of disputes between two or more states. When a case is between two or more states, the Supreme Court holds both original and exclusive jurisdiction, and no lower court may hear such cases.
On the standard of proof applicable under the Marriage Act 1928 (Vic), the lower court's finding that there was insufficient evidence to conclude Mrs Briginshaw was adulterous, should be upheld Briginshaw v Briginshaw [ 1 ] (often known simply as Briginshaw ) is a 1938 decision of the High Court of Australia which considered how the requisite ...
Parallel construction is the creation of an untruthful, but plausible, explanation for how the evidence came to be held, which hides its true origins, either to protect sources and methods used, or to avoid the evidence being excluded as unlawfully obtained. Depending on the circumstances, acts to conceal or destroy evidence or misrepresent its ...