Last Resort

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Last Resort

A court, such as the U.S. Supreme Court, from which there is no further appeal of a judgment rendered by it in review of a decision in a civil or criminal action by a lower court.

In most jurisdictions, the state's court of last resort is called the supreme court. This name differs in some jurisdictions, however. For example, the court of last resort in New York is the New York Court of Appeals, while the trial-level court is called the Supreme Court. In Texas, the court of last resort for civil trials is the Texas Supreme Court, but the highest court for criminal appeals is the Texas Court of Criminal Appeals. The state of Texas is rather unusual because it employs two courts of last resort to hear appeals.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

LAST RESORT. A court of last resort, is one which decides, definitely, without appeal or writ of error, or any other examination whatever, a suit or action, or some other matter, which has been submitted to its judgment, and over which it has jurisdiction.
     2. The supreme court is a court of last resort in all matters which legally come before it; and whenever a court possesses the power to decide without appeal or other examination whatever, a subject matter submitted to it, it is a court of last resort; but this is not to be understood as preventing an examination into its jurisdiction, or excess of authority, for then the judgment of a superior does not try and decide so much whether the point decided has been so done according to law, as to try the authority of the inferior court.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
"In my view this option should be the last resort," he said.
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Welsh Government guidelines state:"These formal powers are seen as a last resort and will normally only be used if other intervention is unlikely to succeed.
They were all staying at The Last Resort in the Sindhupalchok district.
The development comes just days after Finance Minister Michael Noonan and the Central Bank announced new measures to deal with the mortgage arrears crisis, in which it was promised home repossessions would be a last resort. It's reported that Ulster Bank repossessed around 200 properties last year, but have indicated that this figure could rise to almost 1,000 this year.
ABC's new thriller Last Resort casts a rebellious Navy submarine crew as heroes in a world where America's foreign policy has led to an inexplicable nuclear war.
Overall, despite the establishment of the European Stability Mechanism, it seems inevitable that the only real rescue mechanism for any big Euro-area member state in serious financial strain would be the European Central Bank acting as a hidden lender of last resort.
THE German army can use force inside the country, but only in exceptional cases and as a last resort, the country's top court has said.