While in Florida there is complete dearth of caselaw on the use of mandamus to direct inferior courts
to certify (or write an opinion allowing supreme court review of) 1) decisional conflicts; 2) issues of exceptional importance; and 3) issues of first impression, the Texas Supreme Court concluded long ago that mandamus is the proper remedy to compel certification of decisional conflicts.
135) A recent empirical study by Professor Klein and Professor Devins underscores this point by confirming the "frequent decisions" among inferior courts
"to abide by statements from higher courts even though they are recognized as dicta.
directed to the judge and parties of a suit in any inferior court
, commanding them to cease from the prosecution thereof .
Simply put, if at the time of the procedural default, the law of a superior court that governed the inferior court
before which the defendant appeared unquestionably would have foreclosed a particular legal claim, then it makes absolutely no sense in law or logic to subject the claim to any type of restrictive review on direct appeal (i.
Justice Dickson laid down a three-step approach to determining whether a transfer of power from a Section 96 court to an inferior court
The odds of attracting attention would almost surely be better if an inferior court
were actually to depart from a prior statement of the Supreme Court or candidly truncate a rule the Court previously announced.
In contrast, s 203 was 'intended to cover that very case, and to prevent in any case where a total or partial want of or excess of jurisdiction appears in any inferior court
, the proceedings of that court being reviewed by means of this writ.
In 1769, for example, New Hampshire's assembly established the Inferior Court
of Common Pleas for each county with jurisdiction "in all matters & Causes Arising within such Counties.
31) Besides owing its allegiance to the district court, for it is from the district court that the bankruptcy court derives its authority to operate, (32) the bankruptcy court is clearly not the equal of the district court, but rather, is an inferior court
It is familiar knowledge that general privative clauses taking away certiorari have been found in many Acts of Parliament, and also that notwithstanding such clauses superior courts--the Queen's Bench in England and the Supreme Court in Victoria--have held that these clauses do not deprive the superior courts of jurisdiction to grant certiorari to inquire into the validity of the determination of an inferior court
where there had been a want of jurisdiction in such court .
Although jurisdictional error was extremely narrow when it involved collateral review of a superior court judgment, the concept might have meant something "close to full review of the merits" when it involved review of an inferior court
70 In Kirk, the Court accepted that at federation each of the supreme courts referred to in s 73 of the Constitution had jurisdiction reflecting that of the Court of Queen's Bench in England and that each, accordingly, had the power to issue the writ of certiorari to any inferior court