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What happens if the supreme court ends in a tie? law answers (118708)

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What does the United States supreme court''s order accepting Bush v. Gore and staying the vote count mean? Since it was 5-4, doesn''t that mean that Bush has already won?

A:  Sure, I''ll tell you what the supreme court is definitely going to do. I''ll also tell you how to lose 20 pounds without dieting, where to find Jimmy Hoffa, and the recipe for Secret Sauce.Unfortunately, I can''t do any of those things. But I think I can shed a little light on how to read the court''s order.It''s very easy to assume that the 5-4 vote to take the case (and especially to stay the count) means that Mr. Bush is going to win this round. But the court does not reverse every case it takes. And you should read this order (it is short) very carefully before you are too sure it will this time. Typically, the court publishes no opinions when it takes a case;...

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I read about a recent ruling by the supreme court on sexual harassment in the schools. How, if at all, does this affect my children?

A:  I''m Gloria Rowland Homolak. an attorney in Cleveland, Ohio. I will be addressing your employment law questions. The United States supreme court ruled on May 24th that school districts can be liable for damages under federal law for failing to stop a student from subjectng another student to ''severe and pervasive'' sexual harassment. The ruling exposes school districts to liability for sexual harassment by students. Earlier this year, the supreme court ruled that school districts would be liable for sexual harassment by teachers against students. Writing for the court, Justice O''Connor emphasized that damages would...

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Why the supreme court is the final arbiter of law?

A:  Because there is no higher court to overrule them. Article III of the US Constitution states that there shall be one supreme court and other inferior courts. In the case Marbury v Madison (1803), the principle of judicial review was formalized, though it appeared to be understood by the framers of the Constitution that the court would be final arbiter. The Federalist Papers indicate such a role for the court. "It is emphatically the province and duty of the Judicial Department [the judicial branch] to say what the law is." - Chief Justice Marshall They are the highest court in the...

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Help on supreme court case?

A:  The supreme court and Appellate court opinions will describe the arguments made on behalf of each of the parties. You can also find supreme court briefs on line, which will also set out the parties'' arguments. It''s always good to be able to state the arguments for the side you don''t believe in, since that''s a good way to prepare to respond to them. So, this is a good exercise. Read the opinion of the court. It will spell out the arguments presented. You understand Bakke, but do you understand the cases since Bakke? I will just make a few points. First; this was a divided

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supreme court to Hear School Strip Search Case Today?

A:  understand this theres more to this story that anyone is being told the media is crooked and only reports half truths http://www.cnn.com/2009/US/04/19/scotus.strip.search/ This is one of those ridiculous cases where a school district went overboard. Most school districts have rules about prescription medications, even non-prescription drugs like Tylenol. AT the time of the search, there was a prescription strength form of Ibuprofen. This is what she was accused of having. But I believe they totally violated her rights. In the first place, she is a minor, and something like that should have been discussed with her parents before even thinking about a strip search. The reason it made it to the supreme court is that the school refuses to...

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For Iowans, Don't you just love your state supreme court?

A:  A question of fundamental rights is NOT for the people to decide. If it was for the voters to decide, schools would still be segregated by law, women might not have the right to vote, etc. What if there was a ballot initiative to get rid of public religion, i.e. people could not go to church or be openly religious because 51% of the population thinks it''s a bunch b.s.? I bet you would be hoping that the supreme court stepped in then to preserve your rights.... Anyway, rights are not about public opinion, rights should be guaranteed to each and every citizen. Gay people should not have to suffer because you don''t like how they have sex... Apologies...but people against gay marriage are just ignorant. If you...

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Allowing for many years of hindsight-do you feel Clarence Thomas should be a supreme court Justice?

A:  My judgment of Thomas is based on his actual performance on the bench. I think he''s shown he''s not really supreme court material. He votes with Scalia about 95% of the time, and I don''t believe he has ever written an opinion of his own. (If so, it''s been rare.) The two biggest lies GHW Bush ever told in his entire term were about Clarence Thomas. (1) That he was just the very best man he could find for the job and (2) that his race didn''t matter. Yes. Why do you ask? Let me point out two things here: It was proven many, many, many years ago that Thomas did not perjure himself during the hearings and Anita Hill was an opportunist. He is indeed quite qualified to sit on the supreme court....

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What happens to a case when heard by the supreme court?

A:  The supreme court will write an opinion with their holding and will either Uphold, Reverse, or Remand the current ruling of the lower court. When they remand the lower court''s ruling, they usually give instructions on what they want the lower court to consider, such as remedy a possible error, and make a new ruling (can be the same, or different) based on that instruction....

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How do I remove a case in Federal court to the U.S. supreme court? It involves an incarcerated consul general

A:  There are very few cases where the supreme court has original jurisdiction and in some of those, jurisdiction is now concurrent with district courts by statute. In other words, you can file a motion in district court to suggest that original jurisdiction is in the supreme court and ONLY in the supreme court, but I''m betting you will not be successfull. The supreme court is only likely to hear this case on a petition for writ of certiorari after an Appeals court considers it. You''d better contact the US State...

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supreme court decision vs municipal bylaw

A:  This is a fast changing area of the law. It is not so much about riparian rights as it is about the cross over between municipal jurisdiction over land use, the provincial jurisdiction from ownership of the land below the high water mark, and federal jurisdiction over regulating navigable waters. Several recent cases do rule in favour of the power of a municipal government to prohibit docks or wharves, and to regulate land use over the surface of water. In addition the Province has a new scheme to grant "Permissions" for small floating docks. They do however, take in to account the view of the municipal government in deciding whether to grant permissions. So there is no quick answer. It depends on where the dock is, exactly what...