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The Court of Appeals hears most appeals from the Circuit Courts and Family Courts of South Carolina that do not fall within the seven classes of cases over which the South Carolina Supreme Court exercises exclusive jurisdiction. [1] Those seven classes are cases involving the death penalty, public utility rates, significant constitutional issues,
At the United States District Court for the District of South Carolina, arguments were held regarding the racial makeup of the 1st, 2nd and 5th districts. The plaintiffs asserted that the predominant factor in the adoption of the current district maps was race for all three districts, while the defendants asserted that party affiliation was the main factor during the redistricting process of ...
Summary judgment in the United States applies only in civil cases. It does not apply to criminal cases to obtain a pretrial judgment of conviction or acquittal, in part because a criminal defendant has a constitutional right to a jury trial. [4] Some federal and state-court judges publish general guidelines and sample summary judgment forms.
The certification of the appeal, one of two filed by Murdaugh, means that the case will go directly before the South Carolina Supreme Court, bypassing a lengthy process before the Court of Appeals.
The U.S. Supreme Court has appellate jurisdiction for any U.S. case and final say. Gibbons v. Ogden, 22 U.S. 1 (1824) The power to regulate interstate navigation is granted to Congress by the Commerce Clause of the Constitution. Barron v. Baltimore, 32 U.S. 243 (1833) The Bill of Rights cannot be applied to the state governments.
Canterbury v. Spence, 464 F.2d. 772 (D.C. Cir. 1972): In medical malpractices cases, informed consent is required of the patient and no expert is required for the case to be heard by a jury. Acree v. Republic of Iraq, 370 F.3d 41 (D.C. Cir. 2004): Established the FSIA did not create new causes of action against foreign states.
In one case, Smith charged Trump with mishandling classified documents in Florida, which a federal district judge dismissed. Smith appealed the case, which is before the 11th Circuit Court of Appeals.
In some cases, an appellate court may review a lower court decision "de novo" (or completely), challenging even the lower court's findings of fact. This might be the proper standard of review, for example, if the lower court resolved the case by granting a pre-trial motion to dismiss or motion for summary judgment which is usually based only ...