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Why would the decision of a NC Supreme Court go to the US Supreme Court?

1 Answer

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Final answer:

The NC Supreme Court's decision can go to the US Supreme Court via a petition for a writ of certiorari, which is granted on important federal questions or conflicting lower court decisions. Few cases are accepted each year, with the Supreme Court being the final arbiter of legal disputes in the US.

Step-by-step explanation:

The decision of a North Carolina (NC) Supreme Court can go to the US Supreme Court primarily when there is a substantial federal question involved, such as an issue concerning the Constitution, federal law, or treaties. This occurs when either party petitions for a writ of certiorari, a request for judicial review, which if granted, orders the lower court to send its records to the US Supreme Court for review. However, due to the vast number of cases presented to the US Supreme Court each year, only a small fraction are heard, typically those with far-reaching implications or where there are conflicting decisions among lower courts. If the Justices do not grant certiorari, it means either they agree with the lower court's decision or they do not see a significant legal question warranting their review.

Furthermore, there are instances where a case must originate in the Supreme Court, such as those involving states as a party, ambassadors, or foreign ministers. But generally, the Supreme Court serves as a court of last resort and decides the remedy and resolution of the case, maintaining its role as the highest judicial body in the United States, involved in both domestic and foreign policy matters.

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