If a state law was held to have violated both the state constitution and the federal constitution by the state's supreme court, will the US Supreme Court grant certiorari to review the state court decision? ( )

If a state law was held to have violated both the state constitution and the federal constitution by the state’s supreme court, will the US Supreme Court grant certiorari to review the state court decision? ( )

法律英语
22年12月29日
编辑

酱板鸭

A. No, because the US Supreme Court does not have jurisdiction over this case.

B. No, because the state court’s decision in this case rests on adequate and independent state law grounds.

C. Yes, because the state court’s decision involves the federal constitution.

D. Yes, because the issue is a federal law issue.

【答案与解析】

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If a state law was held to have violated both the state constitution and the federal constitution by the state’s supreme court, will the US Supreme Court grant certiorari to review the state court decision? ( )

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A state law was enacted in January 2013 prohibiting unauthorized copying of published books and makes it a crime. P, a professor at a college who made a few copies of a book for his students in June 2012 was prosecuted. What constitutional provision would be most helpful to P's defense? ( ).

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