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diamong [38]
3 years ago
10

What is the role of the Supreme Court today? What happens when the Court overturns a

Law
1 answer:
belka [17]3 years ago
6 0

Answer:

- The role of the Supreme court is not to retry the original case, but rather to review the legal decisions made by the lower courts

- When the Supreme Court finds that a lower court is unconstitutional, it may decide to reverse the decision.

Explanation:

got it from quizlet use it.

You might be interested in
Which of the following cases established testimony by expert witness?
Ksivusya [100]

Answer:

Explanation:

Judge is the gatekeeper

The judge is to decide whether the expert is qualified to deliver reliable testimony and whether the expert's report is sufficiently reliable to be helpful to the Trier of Fact.

Rule 702 Testimony by Experts

1) the testimony is based upon sufficient facts or data

2) the testimony is the product of reliable principles and methods.

The Supreme Court identified four tests that can be used by the gatekeeper-judge to determine whether to admit the expert testimony. It is typically understood that it is not necessary for the expert testimony to pass all four tests.

1) Tested - Whether the theory or technique used by the expert can be, and has been, tested

2) Peer Review - Whether the theory or technique has been subjected to peer review and publication

3) Error Rate - The known or potential rate of error of the method used is known or predictable

4) General Acceptance - The degree of the method's or conclusion's acceptance within the relevant scientific community

Review of five court cases

1) Frye v. United States - 1923 - established the "general acceptance" principle

2) Federal Rules of Evidence - Rule 702 - 1975 - established the rule for "scientific, technical, or other specialized knowledge" expert witness testimony

3) Daubert v. Merrell Dow Pharmaceuticals - 1993 - established the four-part Daubert test for evaluating expert testimony

4) GE v. Joiner - 1997 - confirmed the trial judge's gatekeeper role

5) Kumho Tire v. Carmichael - 1999 - expanded the Daubert tests to apply to all disciplines

United States v. 14.38 Acres of Land

A good example of the application of the Daubert Test.

This is a rare case where the appellate court overruled the trial judge's gatekeeper role.

Gatekeeper is not intended to serve as a replacement for the adversary system: Vigorous cross-examination, presentation of contrary evidence, and careful instruction on the burden of proof are the traditional and appropriate means of attacking shaky but admissible evidence.

Rule 1 - Scope and Purpose

To secure the just, speedy, and inexpensive determination of every action and proceeding. In other words, the purpose is to make the process more efficient.

The report must contain:

(i) a complete statement of all opinions the witness will express and the basis and reasons for them;

(ii) the data or other information considered by the witness in forming them;

(iii) any exhibits that will be used to summarize or support them;

(iv) the witness's qualifications, including a list of all publications authored in the previous 10 years;

(v) a list of all other cases in which, during the previous 4 years, the witness testified as an expert at trial or by deposition; and

(vi) a statement of the compensation to be paid for the study and testimony in the case.

That written report must contain, at a minimum, six items:

1) All opinions the witness will express and their foundation and reasoning;

2) Data and information considered by the witness;

3) Any exhibits that will be used while giving the testimony in court;

4) Witness qualifications, including all publications authored in the previous 10 years;

5) List of all other cases in the last four years where testimony was given as an expert at trial or deposition;

6) Description of the compensation for the study and testimony.

An appraisal report may need to be quite detailed. This may be at odds with the request of retaining counsel, who may want a less detailed report.

Report should include any exhibits which the witness anticipates using as "demonstrative evidence" during testimony.

report should include a statement of publications and testimony for the prescribed periods.

Some items of interest in this Rule are:

1 - If an objection is raised by one of the attorneys, the deponent will still be required to provide an answer, but that answer will be subject to approval by the court after hearing the objection.

2 - The deponent may refuse to answer a question only when it is necessary to preserve a privilege, enforce a limitation directly by the court, or present a motion under Rule 30(d)(4).

3 - The maximum time limit for a deposition is one day of seven hours.

4 - The deponent has the right to review and correct the transcript. He or she will have 30 days after receiving the transcript to review and submit corrections. However, this right must be affirmed and requested during the deposition. It is recommended that the appraiser expert always request this right to review and correct, as it will provide the appraiser with a copy of the transcript of the "oral report" for his or her workfile.

Rule 33 - Interrogatories to Parties

The time limit to respond is 30 days from the date of service of the interrogatories.

6 0
3 years ago
What is the difference between a Bursary and a Student loan​
spin [16.1K]

Answer: The difference between a loan and a bursary is that a loan has to be paid back whilst a bursary is non-repayable.

6 0
1 year ago
What do you determine to be successful policies currently in practice within the criminal justice system?
zloy xaker [14]

Answer:

Explanation:

The National Criminal Justice Association exists to promote the development of justice systems in states, tribal nations, and units of local government that enhance public safety; prevent and reduce the harmful effects of criminal and delinquent behavior on victims, individuals, and communities; adjudicate defendants and sanction offenders fairly and justly; and that are effective and efficient.

Toward this end, the Association:

Maintains the focus of state, tribal, local and federal governments on the needs of the criminal and juvenile justice systems;

Represents state, tribal, and local criminal and juvenile justice system concerns to the federal government;

Provides support for the development of criminal and juvenile justice policy for the nation’s governors and tribal leaders;

Supports the public and all levels of government in the achievement of public safety by the coordination of education, community and social service systems, in addition to law enforcement and criminal justice measures;

Serves as a catalyst for the careful consideration and promotion of effective and efficient criminal and juvenile justice policies and practices;

Advocates for the commitment of adequate resources to support all components of the criminal and juvenile justice systems; and

Coordinates between the different branches and levels of government and promotes broad philosophical agreement.

4 0
3 years ago
Who supports judicial restraint?
balu736 [363]

Judicial restraint is the political theory that says courts shouldn't, unless absolutely required, issue rulings that broaden or alter the character of existing laws.

<h3>Justiciable constraint is exercised by whom?</h3>

A jurist (judge or justice) who upholds a philosophy of restraint can be described as one who considers democracy to have intrinsic, rather than just instrumental, value, that the judiciary is indeed the least powerful of the three branches of government, and who values stability and predictability in the lawmaking process.

<h3>Why do advocates of judicial restraint assert that judges are impervious to public sentiment?</h3>

They are freed from the strain of the outer world of public opinion since they do not have to worry about being reelected. In the end, the majority may not always be correct. The fact that the Founders established appointed judges and elected legislators is not by coincidence.

Learn more about Judicial restraint: brainly.com/question/29545866

#SPJ4

5 0
1 year ago
BRAINLIEST!! <br> Why should the process of becoming a citizen require work?
S_A_V [24]

Answer:

I assume you are talking about the legal naturalization process.

Explanation:

Naturalization is the legal process a non-U.S. citizen undergoes to become a citizen of the United States. A person can become a citizen of the United States through one of the following ways: Through the naturalization process. By deriving citizenship from his or her parent when the parent naturalizes.

These legal requirements help the immigration service ensure that only those people who are sincere in their desire to become U.S. citizens become naturalized.

<em><u>now gimme brainliest >:3</u></em>

5 0
2 years ago
Read 2 more answers
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