State court (United States) in the context of "United States Supreme Court"

In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sovereignty with the federal government. Due to this shared sovereignty, Americans are citizens both of the federal republic and of the state in which they reside. State citizenship and residency are flexible, and no government approval is required to move between states, except for persons restricted by certain types of court orders, such as paroled convicts and children of divorced spouses who share child custody.

State governments in the U.S. are allocated power by the people of each respective state through their individual state constitutions. All are grounded in republican principles (this being required by the federal constitution), and each provides for a government, consisting of three branches, each with separate and independent powers: executive, legislative, and judicial. States are divided into counties or county-equivalents, which may be assigned some local governmental authority but are not sovereign. County or county-equivalent structure varies widely by state, and states also create other local governments.

In the United States, a district attorney (DA), county attorney, county prosecutor, state attorney, state's attorney, prosecuting attorney, commonwealth's attorney, or solicitor is the chief prosecutor or chief law enforcement officer representing a U.S. state in a local government area, typically a county or a group of counties. The exact scope of the office varies by state. Generally, the prosecutor is said to represent the people of the jurisdiction in the state's courts, typically in criminal matters, against defendants. District attorneys are elected in almost all states, and the role is generally partisan. This is unlike similar roles in other common law jurisdictions, where chief prosecutors are appointed based on merit and expected to be politically independent.

The prosecution is the legal party responsible for presenting the case against an individual suspected of breaking the state's criminal law, initiating and directing further criminal investigations, guiding and recommending the sentencing of offenders, and are the only attorneys allowed to participate in grand jury proceedings. The prosecutors decide what criminal charges to bring, and when and where a person will answer to those charges. In carrying out their duties, prosecutors have the authority to investigate persons, grant immunity to witnesses and accused criminals, and plea bargain with defendants.

The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on questions of U.S. constitutional or federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party". In 1803, the court asserted itself the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law.

Under Article Three of the United States Constitution, the composition and procedures of the Supreme Court were originally established by the 1st Congress through the Judiciary Act of 1789. The court consists of nine justices—the chief justice of the United States and eight associate justices—who meet at the Supreme Court Building in Washington, D.C. Justices have lifetime tenure, meaning they remain on the court until they die, retire, resign, or are impeached and removed from office. When a vacancy occurs, the president, with the advice and consent of the Senate, appoints a new justice.

The Supremacy Clause of the Constitution of the United States (Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under the authority of the United States, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws. It provides that state courts are bound by, and state constitutions subordinate to, the supreme law. However, federal statutes and treaties must be within the parameters of the Constitution; that is, they must be pursuant to the federal government's enumerated powers, and not violate other constitutional limits on federal power, such as the Bill of Rights—of particular interest is the Tenth Amendment to the United States Constitution, which states that the federal government has only those powers that are delegated to it by the Constitution. It is the responsibility of the United States Supreme Court in that case to exercise the power of judicial review: the ability to invalidate a statute for violating a provision of the Constitution.

The Supremacy Clause is essentially a conflict-of-laws rule specifying that certain federal acts take priority over any state acts that conflict with federal law. Some jurists further argue that the clause also nullifies federal law that is in conflict with the Constitution, although this is disputed. The Supremacy Clause follows Article XIII of the Articles of Confederation, the predecessor of the Constitution, which provided that "Every State shall abide by the determination of the [Congress], on all questions which by this confederation are submitted to them."

The federal judiciary of the United States is one of the three branches of the U.S. federal government organized under the U.S. Constitution and laws of the federal government. The U.S. federal judiciary does not include any state court (which includes local courts), which are completely independent from the federal government. The U.S. federal judiciary consists primarily of the U.S. Supreme Court, the U.S. Courts of Appeals, and the U.S. District Courts. It also includes a variety of other lesser federal tribunals.

Article III of the Constitution requires the establishment of a Supreme Court and permits the Congress to create other federal courts and place limitations on their jurisdiction. Article III states that federal judges are appointed by the president with the consent of the Senate to serve until they resign, are impeached and convicted, or die.

In the United States, state law refers to the law of each separate U.S. state.

The fifty states are separate sovereigns, with their own state constitutions, state governments, and state courts. All states have a legislative branch which enacts state statutes, an executive branch that promulgates state regulations pursuant to statutory authorization, and a judicial branch that applies, interprets, and occasionally overturns both state statutes and regulations, as well as local ordinances. States retain the power to make laws covering anything not otherwise preempted by the federal Constitution, federal statutes, or international treaties ratified by the federal Senate. Normally, state supreme courts are the final interpreters of state institutions and state law, unless their interpretation itself presents a federal issue, in which case a decision may be appealed to the U.S. Supreme Court by way of a petition for writ of certiorari. State courts regularly have concurrent jurisdiction with federal courts and, where applicable, apply or are also bound by federal law. State laws have dramatically diverged in the centuries since independence, to the extent that the United States cannot be regarded as one legal system (as to the majority of types of law traditionally under state control), but instead as 50 separate systems of tort law, family law, property law, contract law, criminal law, and so on.

In the United States of America, each state has its own written constitution. The Supremacy Clause of the Constitution of the United States (Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under the authority of the United States, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws. It provides that state courts are bound by, and state constitutions subordinate to, the supreme law.

The Tenth Amendment to the United States Constitution (part of the Bill of Rights) provides that "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." The Guarantee Clause of Article 4 of the Constitution states that "The United States shall guarantee to every State in this Union a Republican Form of Government." These two provisions indicate states did not surrender their wide latitude to adopt a constitution, the fundamental documents of state law, when the U.S. Constitution was adopted.

The Supreme Court of Puerto Rico (Spanish: Tribunal Supremo de Puerto Rico) is the highest court of Puerto Rico, having judicial authority to interpret and decide questions of Puerto Rican law. The Court is analogous to one of the state supreme courts of the states of the United States and is the highest state court and the court of last resort in Puerto Rico. Article V of the Constitution of Puerto Rico vests the judicial power in the Supreme Court, which by nature forms the judicial branch of the government of Puerto Rico. The seat of the Supreme Court is the Supreme Court Building in San Juan Islet in the capital municipality of San Juan.