Writ of Certiorari for SCOTUS (user search)
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  Writ of Certiorari for SCOTUS (search mode)
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Author Topic: Writ of Certiorari for SCOTUS  (Read 2076 times)
Emsworth
Junior Chimp
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Posts: 9,054


« on: February 21, 2007, 07:04:57 PM »

This is a regional case; the Supreme Court does not have jurisdiction in the matter.
It would seem that the Thirteenth Amendment ("Any Region may vest all or part of its judicial power in the Supreme Court of Atlasia") has bearing on this case. I know of no law passed explicitly by the people of the Northeast granting jurisdiction to the Supreme Court. However, the common law of the Northeast may certainly be relevant.

It is a general principle of the common law that no person should judge his own case; since this case concerns the regional judge, it must necessarily follow that the regional court cannot hear and determine it. It is also a general principle of the common law that every legal wrong has a legal remedy; thus, even if the power to hear this particular case is not vested in the regional court, it must be vested somewhere. That "somewhere" can most certainly, by implication of the regional common law, be the Supreme Court.

There is also clause 15 of Article VI of the Constitution, which protects unenumerated rights in the same fashion as the US Ninth Amendment. Perhaps the plaintiff might make a claim that some particular unenumerated right has been violated.
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