statutory jurisdiction, including inferior courts
, with reference to the
Part I describes normative theories of appeal and their implication that appeals should promote uniformity across inferior courts
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.
Taking into account the distinctive characteristics of judiciaries in continental legal systems (the professional status of judges as civil servants, the distinction between district courts with adjudicative powers and a supreme court whose remit is limited to assessing the correct application of the law by inferior courts
, and the absence of dissenting opinions), a plausible way of approaching this shifting area of law is to create judicial precedent--or better effects of past judgments--a concept that spans a broad area, encompassing such things as res judicata, the nomophylactic function and stare decisis.
A writ of prohibition is the "process by which a superior court prevents an inferior court
directed to the judge and parties of a suit in any inferior court
, commanding them to cease from the prosecution thereof ...
The real issue in the case was whether the delegation of contempt power over youths to an inferior court
could be exclusive, such that superior court jurisdiction was completely removed.(149) On this issue the court split five judges to four.
107 defendants) and 48 inferior court
matters (involving 54 defendants).
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.
are bounded, in their original Creation, to Causes arising within such limited Jurisdiction: Hence it is necessary for them to set forth their Authority; for, as hath been already observed, nothing shall be intended within the Jurisdiction of an Inferior Court
, but what is expressly alledged to be so.
(6) This article contends that as a matter of logic and equity the procedural default doctrine, as a general rule, should not be applied when an inferior court
before which the defendant previously appeared (where a claim was not raised) would have been powerless to grant relief on that claim because then-governing precedent of a superior court dictated rejection of the claim.
'This Court, being an inferior court
, is bound by these decisions of the Supreme Court on the matter.'