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Case name Citation Date decided Renegotiation Bd. v. Bannercraft Clothing Co. 415 U.S. 1: 1974: Alexander v. Gardner-Denver Co. 415 U.S. 36: 1974: Sampson v.
Feldman, 460 U.S. 462 (1983), was a case decided by the United States Supreme Court in which the Court enunciated a rule of civil procedure known as the Rooker-Feldman doctrine (also named for the earlier case of Rooker v. Fidelity Trust Co.). [1] The doctrine holds that lower United States federal courts may not sit in direct review of state ...
If there is a conflict, the federal courts have a duty to follow the Constitution and to treat the conflicting statute as unenforceable. The Supreme Court has final appellate jurisdiction in all cases arising under the Constitution, so the Supreme Court has the ultimate authority to decide whether statutes are consistent with the Constitution. [19]
The second is the collateral appeal or post-conviction petition, in which the petitioner-appellant files the appeal in a court of first instance—usually the court that tried the case. The key distinguishing factor between direct and collateral appeals is that the former occurs in state courts, and the latter in federal courts. [dubious ...
The Tunney Act, officially known as the Antitrust Procedures and Penalties Act (Pub. L. 93–528, 88 Stat. 1708, enacted December 21, 1974, 15 U.S.C. § 16), is antitrust legislation passed in the United States in 1974. Submitted by John V. Tunney, the law has as its main point the court review Justice Department decisions regarding mergers and ...
Fidelity Trust Co., 263 U.S. 413 (1923) and District of Columbia Court of Appeals v. Feldman, 460 U.S. 462 (1983). The doctrine holds that lower United States federal courts—i.e., federal courts other than the Supreme Court—should not sit in direct review of state court decisions unless Congress has specifically authorized such relief. [1]
The cold case killing of a Wisconsin hitchhiker has been solved 50 years later thanks to a DNA breakthrough from evidence pulled from a hat that the accused killer left behind at the scene.
The Supreme Court is entitled to review all federal issues, including constitutional issues, on appeal from a final judgment of the highest state courts in order to preserve federal supremacy and advance uniformity in federal law. [34] The Court will refuse to hear a case, however, if an adequate and independent state ground supports the decision.