Supreme Court

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Supreme Court


a state’s highest judicial institution. The establishment of supreme courts in the modern sense is associated with the end of the 19th century (the founding of an imperial court in Germany in 1877).

In modern bourgeois states supreme courts generally have jurisdiction in the settlement of disputes between the nation’s independent constituent parts (states, territories, cantons, and so forth). They also consider criminal cases involving high officials as well as cases concerning the most serious state crimes. In addition, the supreme court is usually the highest appellate authority to which the judicial decisions of all the nation’s lower courts may be appealed. In some countries (for example, the USA), the supreme court has the additional function of interpreting the constitution and deciding (in connection with specific cases) whether laws passed by the Congress, the states, and federal governmental organs are in accord with the constitution. In other countries (for example, the Federal Republic of Germany) these functions are divided, and there is a special constitutional court as well as a supreme court.

There are some special features in the organization and activity of supreme courts in African and Asian nations that have started on the path of independent development. For example, in the Republic of Senegal there is the Supreme Appellate Court with jurisdiction over the whole country and the Supreme Court (consisting of members of Parliament as well as judges) that considers cases involving crimes committed by high officials (the president of the republic and his ministers), as well as other cases of exceptional importance.

In socialist countries the supreme court, as the state’s highest judicial organ and defender of the interests of the toiling masses, has new organizational forms of activity that are in keeping with democratic principles of the administration of justice. As the court of first instance it considers cases of particular importance. It also supervises the activity of all other courts and publishes guiding explanations on questions of judicial practice and the application of laws by the courts. In Poland, for example, a law passed in 1962 established the Supreme Court consisting of chambers (divisions). There are civil, criminal, and military chambers as well as chambers dealing with labor affairs and social security. The minister of justice is the administrative and organizational director of the district and województwo (provincial) courts. Military tribunals are supervised by the military chamber of the Supreme Court. In addition, the Supreme Court supervises judicial activity. In most socialist countries the functions and structure of the supreme courts are analogous. In Yugoslavia, where there is a constitutional court as well as a supreme court, the structure of the highest judicial organs has certain special features.


Konstitutsii burzhuaznykh gosudarstv Evropy. Moscow. 1957.
Archer, P. Angliiskaia sudebnaia sistema. Moscow, 1959.
Il’inskii, I. P., and B. V. Shchetinin. Gosudarstvennoe pravo burzhuaznykh stran. Edited by I. Levin and B. Krylov. Moscow, 1962.


References in periodicals archive ?
Although Subtopic 740-10 uses the court of last resort as the ultimate determination of whether any tax benefit can be recognized, it also clearly provides that a client, in measuring the amount of the tax benefit, should consider the ultimate tax benefit if the matter were settled.
Figure 4 displays the average number of signed opinions per state court of last resort separated into two groups: single appellate courts and supreme courts in states with one or more intermediate appellate courts.
In this evaluation, an enterprise must assume that the position (1) will be examined by a taxing authority that has full knowledge of all relevant information and (2) will be resolved in the court of last resort.
In accepting the award, Harden said columnists can be "the court of last resort" for people who desperately need help.
The state court of last resort found that the trial court had made a single, technical error because the judge, not the jury as required by law, fixed the amount of the fine.
However, its gestation dates back to 1901 when an editorial published in the Jamaican Gleaner suggested the need for a regional court of last resort to replace the London-based Judicial Committee of the Privy Council, which was the final court of appeals for all the Commonwealth Caribbean countries before their independence from the United Kingdom.
The dramatic stories and the often controversial decisions made by these sometimes enigmatic, black-robed figures sitting on the court of last resort are at the heart of "The Supreme Court," a four-part series produced by Thirteen/WNET New York for PBS.
On behalf of my clients, I keep a close watch on California workers' compensation, premium rate outlook, and the role SCIF has as the too-powerful court of last resort for beleaguered blue-collar industries, in particular.
The court can only exercise its jurisdiction over cases if the state responsible for investigation and prosecution is unable or unwilling to deal with the situation, thus being known as a ''court of last resort.''
It requires a company to make a hypothetical assumption, based upon a new recognition standard for tax benefits of "more likely than not": For each tax position, is it more likely than not that the position would be sustained, based on the technical merits of the position, if the issue is examined by the taxing authority and litigated to the court of last resort? If yes, the company must determine how much of the tax benefit is to be recognized in the financial statements, taking into account the facts and circumstances of each tax position; detection risk is not taken into account.
Indeed, anthropologists in particular often think of ritual as an antidote to conflict, local ritual mediators functioning as a kind of court of last resort for social conflicts that might otherwise destroy the basic social bonds and institutions that glue a society together.
The center argued that Germany was "a court of last resort," since "the U.S.