7.7. Federal Appellate Review of State Cases

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Questions

Question 1

Through what procedural mechanism does the U.S. Supreme Court typically review cases coming from state courts?

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Question 2

Under what condition will the U.S. Supreme Court generally accept a case for review from a state court?

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Question 3

What is the key Supreme Court case mentioned in the chapter that explains when the Court will review a state court matter?

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Question 4

In what year was the case of Michigan v. Long decided?

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Question 5

According to the Michigan v. Long ruling, what presumption will the Supreme Court make when a state court decision appears to rest on federal law and the basis for the decision is unclear?

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Question 6

How can a state court prevent the U.S. Supreme Court from reviewing a decision that relies on federal precedents?

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Question 7

What does the text identify as a reason for the Supreme Court's approach in Michigan v. Long?

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Question 8

What will the Supreme Court do if a state court decision indicates clearly and expressly that it is based on 'bona fide separate, adequate, and independent grounds'?

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Question 9

The approach established in Michigan v. Long is said to improve both justice and what other aspect?

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Question 10

What phrase describes the situation where a state court decision is based on both federal and state law, making it difficult for the Supreme Court to determine the basis of the ruling?

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Question 11

What fundamental principle regarding state courts is affirmed by the Supreme Court's approach to reviewing state cases?

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Question 12

According to the text, what is equally important as leaving state courts free to interpret their own constitutions?

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Question 13

What is one stated benefit of the Michigan v. Long approach for state judges?

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Question 14

The Supreme Court's review of state court cases is described as what?

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Question 15

What potential difficulty for the U.S. Supreme Court is highlighted when state court opinions are not clearly written regarding their legal basis?

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Question 16

What does the text imply is the 'most reasonable explanation' when a state court decision is unclear but appears to rest on federal law?

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Question 17

The Michigan v. Long approach obviates the need for the Supreme Court to do what in most instances?

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Question 18

What danger does the Michigan v. Long approach help the Supreme Court avoid?

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Question 19

What is the consequence if a state court uses federal precedents merely for 'guidance' but fails to make a 'plain statement' to that effect?

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Question 20

The chapter states that the Supreme Court's review is generally limited to cases where state appeals processes have concluded. What might a state court have ruled on during this process?

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Question 21

What is the ultimate goal of the Supreme Court's approach as described in Michigan v. Long concerning federal law?

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Question 22

A state court decision that 'fairly appears to rest primarily on federal law' is a condition that would trigger what?

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Question 23

The Supreme Court's statement that 'ambiguous or obscure adjudications by state courts do not stand as barriers' refers to barriers against what?

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Question 24

What is the subject of the sole footnote in Chapter 7.7?

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Question 25

When the Supreme Court accepts review based on the Michigan v. Long presumption, it is because the adequacy and independence of what is unclear?

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Question 26

The 'plain statement' rule requires a state court to explicitly declare that federal cases are used for what purpose if it wishes to avoid Supreme Court review?

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Question 27

What is described as a 'fundamental' principle regarding the relationship between the Supreme Court and state courts in the text?

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Question 28

The practice of requiring state courts to clarify their decisions for the Supreme Court is described as both unsatisfactory and what?

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Question 29

What term describes the legal grounds of a state court decision that would prevent the U.S. Supreme Court from reviewing it?

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Question 30

The problem of reviewing state court decisions is compounded by the fact that the state court may have made rulings about which two bodies of law?

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Question 31

If a state court decision is interwoven with federal law and lacks a plain statement, the Supreme Court's review is intended to prevent what from becoming a barrier?

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Question 32

How does the Supreme Court's approach, as outlined in the chapter, preserve the integrity of federal law?

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Question 33

What action must a state court take for the Supreme Court to 'not undertake to review the decision'?

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Question 34

The Supreme Court's presumption in Michigan v. Long applies when the adequacy and independence of any possible state law ground is NOT what?

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Question 35

According to the chapter, which of the following is an accurate description of the Supreme Court's review process for state cases?

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Question 36

What is the consequence if a state court, in its opinion, chooses 'merely to rely on federal precedents as it would on the precedents of all other jurisdictions'?

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Question 37

The entire framework discussed in Chapter 7.7 is designed to manage the jurisdictional relationship between which two entities?

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Question 38

What does the text suggest about the frequency of the Supreme Court's discretionary review?

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Question 39

When a state court judgment has a 'plain statement' that it rests on state law, how does this affect the development of state jurisprudence?

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Question 40

What is the primary reason the Supreme Court would NOT accept review of a state court case?

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Question 41

The 'Michigan v. Long' rule is a presumption about a state court's intent when its opinion is what?

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Question 42

The chapter implies that before the Michigan v. Long decision, the Supreme Court might have engaged in what 'unsatisfactory and intrusive practice'?

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Question 43

What is the relationship between the 'plain statement' rule and the 'Michigan v. Long' presumption?

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Question 44

A state court decision based on 'bona fide separate, adequate, and independent grounds' means the decision rests firmly on what?

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Question 45

The author of Chapter 7.7 is identified as whom?

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Question 46

If the Supreme Court renders a decision on a federal issue in a case that also has adequate and independent state grounds, that decision would be considered what?

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Question 47

What is the first step a party must take to seek review from the U.S. Supreme Court of a state court decision?

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Question 48

The Supreme Court's federal appellate review of state cases is a reflection of which major principle of the U.S. governmental system?

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Question 49

When a state court's decision is based on adequate and independent state grounds, the Supreme Court's refusal to review the case shows respect for what?

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Question 50

Ultimately, the rules discussed in Chapter 7.7 provide a procedural framework for balancing the development of independent state jurisprudence with what other goal?

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