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  #1  
Old 12-11-2005, 07:12 PM
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types of cases?


What is the name of your state?

Is there any difference in the nature of conflicts, that the Supreme Court has been involved in, between cases involving "individual v. governmental" parties and "individual v. individual" parties.

I have been discussing this with my Legal Studies discussion group and none of us can seem to agree. We are all still in college and don't have a full grasp on legal questions so I wanted to see if anyone here had an opinion.

Last edited by BidasX; 12-11-2005 at 07:14 PM.
  #2  
Old 12-12-2005, 08:57 PM
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Since the U.S. Supreme Court hears only cases based on a question of constitutional rights, how do you get individual versus individual. Constitutional rights eminate from the state and agents of the state, NOT from individuals.
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  #3  
Old 12-15-2005, 09:58 AM
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Thats not completely correct.

The U.S. Supreme Court does hear questions about constitutional rights, but they also hear questions about federal law, federal statutory interpretation, federal regulatory interpretation questions, and a mixture of the above.

It is very possible to have questions come before the Supreme Court as a result of suits between individuals. For instance, a suit between two individuals, filed in federal court, may reach the Supreme Court on questions of whether there is diversity. Or, a 1983 claim may be brought against a government agent in state court that ends up being reviewed by the U.S. Supreme Court.
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  #4  
Old 12-15-2005, 10:10 AM
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Quote:
Originally Posted by badapple40
Thats not completely correct.

The U.S. Supreme Court does hear questions about constitutional rights, but they also hear questions about federal law, federal statutory interpretation, federal regulatory interpretation questions, and a mixture of the above.

It is very possible to have questions come before the Supreme Court as a result of suits between individuals. For instance, a suit between two individuals, filed in federal court, may reach the Supreme Court on questions of whether there is diversity. Or, a 1983 claim may be brought against a government agent in state court that ends up being reviewed by the U.S. Supreme Court.
Or International Jurisdictional issues, or State v. State or ......

And with the new court, they'll hear anything Bush asks them to....

But who really wants to get into such a lengthy discussion
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  #5  
Old 12-15-2005, 12:00 PM
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The SCOTUS will even get involved in state matters that it has no jurisdiction. Re: Florida presidential election, 2000.
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  #6  
Old 12-15-2005, 06:22 PM
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Now now... that case was all about their protection of equal protection...

which is a constitutional right. At least, that was their excuse.
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