Adequate & Independent State Grounds Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

Adequate & Independent State Grounds

A

The Supreme Court can review a state court judgement only if it turned on federal grounds. The Court has no jurisdiction if the judgement below rested on adequate and independent state ground.

The Supreme Court does not have jurisdiction if the state ground is 1) adequate for the judgement, and 2) independent from federal law.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What does adequate mean?

A

A state law is adequate when the state law is adequate to support the judgement.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Independent

A

The state law does not depend/hinge on interpretation of federal law. No adequate and independent state grounds if the state law adopts or follows federal rules.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Can SCOTUS review if there is a question of state constitution / federal constitution (AISG?)

A

When a state court decision is unclear as to the basis of the decision, the Supreme Court can review the federal issue.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly