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Explanation & Answer
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Criminal law
1. The US Supreme Court is a discretionary appellate court. Explain what this means
and the types of cases that may be appealed to the court.
In all the states, there the highest courts which are referred to as courts of appeal and in
some states they are called supreme courts. The supreme courts of the states with the appellate
courts- intermediate have discretionary powers regarding whether to accept a case or not. They
usually take allege of mistake of fact but of law. Discretionary appeal thus refers to powers that
the Supreme Court possesses in determining whether to hear or not an appeal.
It also means that these Supreme Courts have unlimited jurisdictions in reviewing the
cases that have already been decided by the appellate courts-intermediate select the cases they
may deem fit to review for them to be able to address certain legal issues. They reformulate the
decisional laws and ensure consistency in the decisions made by the subordinate courts-lower
courts. They also set precedents to be followed in the later cases (Lazar 26)
This court usually deals with criminal cases or the cases that address constitutional issues.
Categorically, it hears three major types of cases. Firstly, the two-thirds of the cases are the ones
appealed from the lower or subordinate federal courts. Federal courts are those courts that derive
their decision making power from the US constitution. Their jurisdictions are limited and
therefore they cannot hear some cases such as family divorce.
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Secondly, the Supreme Court hears one-third of the cases which have been appealed from
the supreme court of the state. It does this by following a procedure-legal which is aimed at
petitioning for the issue of a writ of certiorari. This guides the subordinate courts on some matter
of law.
Thirdly, they hear the cases which have not yet been presented to the lower court for the
hearing. These cases may relate to one state government and another state government.
2. When the defendant can legally use deadly force in self-defense
Self-defense is paramount and every person is entitled to defend him or herself against
attacks. It is imperative to use reasonable force in defending oneself as the use of excessive force
may impose a liability on the party attacked. Deadly force is the force which is likely to cause
bodily harm or death. Self-defense is applicable when a person believes that he or she is in
imminent dangers and tends to have the reasonable grounds for believing so.
In exceptional cases, a person may use deadly force in defense especially when one
reasonably believes that he or she is exposed to the immediate danger of bodily harm or exposed
to death and the only way that the person can save him or herself is by using the deadly force
against the assailant (Kugler & Lior 245). This is limited by the fact that, the person should only
use the force that is reasonably believed necessary in the prevailing circumstances to prevent the
occurrence of harm that the person believes is intended or saving his or her life or avoiding
serious body harm.
A person may use deadly force in protecting commission of a felony. This is so especially
when an intruder enters into a person’s home or business with such intent or even harm the
occupants of such premises. Moreover, a person may use deadly force when acting in a heat of
passion that would seem crucial to calm minds.
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A person can also use deadly force when it is established that, at...
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