What is the scope of review for a state Supreme Court’s decision?
In California, the scope of review for the state Supreme Court’s decision is generally limited to reviewing questions of law. This means that the Supreme Court must decide whether the lower court made an error in the legal reasoning in the case. It does not have the power to review the facts of the case, or decide the case on its merits. The Supreme Court may find that the lower court did not have the right to make a certain decision based on the law, or that the lower court’s interpretation of the law was incorrect. When this happens, the Supreme Court can overturn the lower court’s decision and send it back to the lower court for further proceedings. When an appeal is taken to the Supreme Court, the court must accept as true all facts established by the lower court. This means that it will not consider any new evidence, or make any new findings of fact, when deciding the case. The court is only concerned with the lower court’s interpretation of the law. In some cases, the Supreme Court may also decide constitutional issues, or review the state’s highest court’s own decisions when distinctions cannot be made between those cases. This is particularly true when the constitutional issues involve fundamental rights, such as the right to free speech. In this situation, the Supreme Court can review the case to determine whether the state’s highest court correctly applied the law.
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