Simple Con Law Q

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LS18
Posts: 53
Joined: Wed Aug 26, 2009 10:20 pm

Simple Con Law Q

Postby LS18 » Sat May 07, 2011 12:06 am

I feel dumb for asking this, but w/e.

As far as I know, SCOTUS can hear on appeal all live cases + controversies. Is there a reason that every case we read involves a federal question? Is this just the SCOTUS exercising their discretion and not granting cert to diversity cases from lower federal courts? Is there a reason for this?

Thanks.

maximator
Posts: 58
Joined: Wed Feb 03, 2010 6:33 am

Re: Simple Con Law Q

Postby maximator » Sat May 07, 2011 12:30 am

I think it probably depends on what you are talking about. If you are spending a lot of time talking about Congressional power for example then more cases are probably going to be federal questions because they are going to inevitably involve laws passed by Congress.

The same is going to be true for Executive power.

And I would guess most of the equal rights / fundamental right stuff would start in State court. I'm not really sure why not more diversity cases though.

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MrKappus
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Joined: Tue Mar 31, 2009 2:46 am

Re: Simple Con Law Q

Postby MrKappus » Sat May 07, 2011 12:35 am

Federal courts sitting in diversity are deciding questions of state law, which they either decide according to state precedent or certify to the state's Supreme Court. After that, the only way its getting through to a CoA or SCOTUS is if it violates the Constitution or there's a preemption question.

LawWeb
Posts: 38
Joined: Fri Apr 22, 2011 6:26 pm

Re: Simple Con Law Q

Postby LawWeb » Sat May 07, 2011 12:43 am

MrKappus wrote:Federal courts sitting in diversity are deciding questions of state law, which they either decide according to state precedent or certify to the state's Supreme Court. After that, the only way its getting through to a CoA or SCOTUS is if it violates the Constitution or there's a preemption question.

+1, virtual hornbook answer

Renzo
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Joined: Tue Dec 02, 2008 3:23 am

Re: Simple Con Law Q

Postby Renzo » Sat May 07, 2011 12:09 pm

MrKappus wrote:Federal courts sitting in diversity are deciding questions of state law, which they either decide according to state precedent or certify to the state's Supreme Court. After that, the only way its getting through to a CoA or SCOTUS is if it violates the Constitution or there's a preemption question.


This is correct. The Supreme Court could decide an issue of state law, but it would really be a waste of their time, since the state supreme court has the ultimate authority to decide questions of state law.




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